MASTER 
NEGATIVE 

NO.  95-82406- 5 


COPYRIGHT  STATEMENT 


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Under  certain  conditions  specified  in  the  law,  libraries  and  archives  are 
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Author: 


Guaranty  Trust  Company 

of  New  York 

Title: 

Trading  with  the  enemy 


Place: 


New  York 


Date: 


[1918] 


COLUMBIA  UNIVERSITY  LIBRARIES 
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Trading  With  the  Enemy 


_.  LIBRARY 

SCHOOL  OF  BUSINESS 


Guaranty  Trust  Company 
of  New  York 


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This  book  is  due  two  weeks  from  the  last  date 
stamped  below,  and  if  not  returned  or  renewed  at  or 
before  that  time  a  fine  of  five  cents  a  day  will  be  incurred. 


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Trading  With  the  Enemy 


Act  Approved  October  6,  1917 
as  amended  March  28,  1918 


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Guaranty  Trust  Company  of  New  York 


140  Broadway 


FIFTH  AVENUE   OFFICE 
Fifth   Avenue   and    43rd   Street 

MADISON  AVENUE   OFFICE 
Madison  Avenue  and  60th  Street 


LONDON   OFFICK 
32    Lombard    St.,  E.  C 

PARIS     OFFICE 
Rue  des  Italiens,    1  &  3 


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COPYRIGHT,   1918 
GUARANTY  TRUST   COMPANY  OF  NEW  YORK 


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Contents 

Foreword 

5 

Synopsis  of  Act 

11 

Circular  of  Information 

40 

Text  of  Act 

47 

Index  to  Synopsis 

73 

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Foreword 

Reasons  for  Legislation 

For  more  than  a  century  the  United  States 
has  recognized  the  principle  that  commercial 
intercourse  ceases  between  rival  countries  at 
war.  The  Supreme  Court,  in  passing  on  this 
question  in  1814,  said  it  is  a  "fundamental 
proposition  "  of  international  law  that  neither 
business,  nor  correspondence  can  be  main- 
tained  between  the  citizens  of  belligerent 
nations,  except  so  far  as  may  be  allowed  by 
the  "sovereign  authority/' 

Congress  has,  accordingly,  passed  an  act 
setting  forth  in  definite  and  concrete  form 
the  allowances  and  prohibitions  which  are  to 
prevail  in  the  existing  emergency,  and  has 
gone  the  length  of  making  violations  of  its 
mandate  criminal,  the  offenders  being  sub- 
ject to  fine  or  imprisonment,  or  both.  This 
is  a  novel  development  of  a  principle  of 
international  law;  but  the  economic  and 
financial  resources  of  all  the  nations  engaged 
in  the  present  war  are  now  of  such  vital  im- 
portance  that   it   is   incumbent    upon    the 

[5] 


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Government  to  provide  against  the  rendering 
of  assistance  to  the  enemy  in  any  form  or 
degree,  and  to  conserve  to  the  uttermost  our 
own  resources  for  ourselves  and  for  those 
with  whom  we  make  common  cause.  In 
doing  this,  Congress  has  not  enunciated  any 
new  principle  of  international  law,  but  has 
interpreted  its  existing  canons  in  the  light 
of  an  immediate  emergency. 

Purposes  of  Legislation 

The  chief  objects  of  this  measure  may  be 
stated  as : 

First,  to  recognize  and  apply,  subject  to 
definite  modification,  the  principles  of  inter- 
national law  interdicting  trade  in  time  of  war; 
and 

Second,  to  conserve  and  utilize,  upon  a 
basis  of  practical  justice,  such  enemy  prop- 
erty as  may  be  found  within  the  jurisdiction 
of  the  United  States. 

Interdiction  of  Trade 

The  authorization  of  trade  under  license  is 
one  of  the  principal  modifications  of  the  rules 
of  international  law  which  are  provided  for 

[6] 


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in  the  present  legislation  forbidding  trade 
between  citizens  of  the  United  States  and 
subjects  of  the  enemy. 

In  effect  the  law  prohibits  all  trade  what- 
soever with  an  enemy  or  ally  of  enemy  of  the 
United  States,  except  by  license  issued  by  the 
President.  However,  a  citizen  or  subject  of 
an  enemy  or  ally  of  enemy  country,  residing 
here  or  in  a  neutral  country,  is  affected  by  the 
prohibitions  of  the  law  only  when  declared 
to  be  an  enemy  or  ally  of  enemy  by  proclama- 
tion of  the  President. 

Other  acts  prohibited  by  the  law,  except 
when  licensed,  include:  the  transportation  of 
an  enemy,  or  an  ally  of  enemy,  into  or  from 
the  United  States;  the  transmission  of  any 
letter,  document,  or  other  form  of  communi- 
cation, to  or  from  the  United  States,  to  an 
enemy  or  ally  of  enemy;  the  carrying  on  of 
business  in  the  United  States  by  enemy  or 
ally  of  enemy  insurance  and  reinsurance 
companies  and  others,  through  branches, 
agencies,  or  otherwise;  and  publication  of 
any  news  item  or  comment  on  the  war  in 
foreign  languages. 

[7] 


Conservation  and  Utilization  of  Enemy  Property 

In  order  that  the  United  States,  as  far  as 
is  practicable,  may  utilize  and  conserve 
enemy  property,  the  law  provides  for  the 
surrender  of  alien  enemy  property  to  an  alien 
property  custodian.  Such  money  or  prop- 
erty may  be  invested  in  Government  bonds. 
This  gives  the  United  States  the  benefit  of 
the  use  of  such  funds  during  the  period  of  the 
war,  without  confiscation;  and,  at  the  same 
time,  protects  the  interests  of  subjects  of 
belligerent  nations. 

Patents,  Trademarks,  and  Copyrights 

The  prosecution,  in  enemy  countries,  of 
applications  for  letters  patent,  and  for  regis- 
tration of  trademarks  and  copyrights,  is  per- 
mitted to  our  citizens,  and  is  permitted,  in 
this  country,  to  subjects  of  enemy  or  ally 
of  enemy  countries.  The  use  of  enemy 
patents,  trademarks,  and  copyrights  by 
citizens  of  the  United  States,  for  the  purpose 
of  manufacture  or  otherwise,  is  also  per- 
mitted, and  adequate  remedy  for  compensa- 
tion therefor  to  enemy  owners  is  provided 
for.     This  latter  provision  will  undoubtedly 

[8] 


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open  a  large  field  of  industry  for  the  manu- 
facture of  many  articles,  now  manufactured 
in  Germany,  by  the  use  of  processes  and  de- 
vices which  are  protected  here  by  patents 
held  by  Germans. 


Our  Foreign  Trade  Division  is  prepared  to 
give  any  information  that  may  be  desired, 
especially  in  regard  to  such  regulations  and 
orders  as  may  be  issued  from  time  to  time 
under  this  Act. 

August  1,  1918 


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Synopsis  of 
Trading  With  the  Enemy  Act 

DEFINITIONS 

Enemy  or  Ally  of  Enemy.  Briefly  stated,  any 
person  residing  or  doing  business  within  an  enemy 
country,  and  any  person  residing  outside  of  the 
United  States  and  doing  business  in  an  enemy 
country,  and  any  corporation  incorporated  with- 
in an  enemy  country  or  incorporated  within  any 
country  other  than  the  United  States  and  doing 
business  within  an  enemy  country,  are  termed 
"enemy."  Doing  business  within  an  enemy 
country  means  having  a  branch,  or  agency  actively 
conducting  business  within  that  country. 

The  bill  does  not  bring  within  the  term  "enemy" 
a  neutral,  unless  such  neutral  has  a  branch  of  its 
business  within  an  enemy  country.  Nor  does 
the  bill  term  "enemy"  a  citizen  or  subject  of  an 
enemy  nation  residing  in  a  neutral  country  and 
conducting  no  part  of  his  business  in  an  enemy 
country.  The  act  provides,  however,  that  a 
citizen  or  subject  of  an  enemy  country,  residing 
or  doing  business  anywhere,  may  by  proclamation 
of  the  President  be  included  in  the  term  "enemy." 
(Sec.  2.) 

The  term  "ally  of  enemy"  is  defined  along 

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similar  lines  as  the  definition  of  the  term  "enemy." 

Person.  An  individual,  partnership,  asso- 
ciation, company,  or  other  unincorporated  body 
of  individuals,  or  corporation,  or  body  politic. 
(Sec.  2.) 

United  States.  All  land  and  water,  conti- 
nental or  insular,  in  any  way  within  the  juris- 
diction of  the  United  States  or  occupied  by  the 
military  or  naval  forces  thereof.     (Sec.  2). 

The  Beginning  of  the  War.  Midnight 
ending  the  day  on  which  Congress  has  declared 
or  shall  declare  war  or  the  existence  of  a  state  of 
war.     (Sec.  2.) 

End  of  the  War.  Date  of  proclamation  of 
exchange  of  ratifications  of  the  treaty  of  peace, 
unless  the  President  shall,  by  proclamation, 
declare  a  prior  date,  in  which  case  the  date  so 
proclaimed  shall  be  deemed  to  be  the  "end  of 
the  war"  within  the  meaning  of  this  Act.    (Sec.  2.) 

To  Trade. 

(a)  Pay,  satisfy,  compromise,  or  give  security 
for  the  payment  or  satisfaction  of  any  debt  or 
obUgation. 

(b)  Draw,  accept,  pay,  present  for  acceptance 
or  payment,  or  indorse  any  negotiable  instru- 
ment or  chose  in  action. 

•  (c)  Enter  into,  carry  on,  complete,  or  perform 
any  contract,  agreement,  or  obligation. 

[  12  ] 


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(d)  Buy  or  sell,  loan  or  extend  credit,  trade  in, 
deal  with,  exchange,  transmit,  transfer,  assign, 
or  otherwise  dispose  of,  or  receive,  any  form  of 
property. 

(e)  To  have  any  form  of  business  or  commercial 
communication  or  intercourse  with.     (Sec.  2.) 

Bank  or  Banks.  National  banks.  State 
banks,  trust  companies,  or  other  banks  or  banking 
associations  doing  business  under  the  laws  of  the 
United  States,  or  of  any  State  of  the  United 
States. 

Acts  Prohibited  Except  by  License 

Acts,  transactions,  and  business  prohibited 
and  made  criminal  by  the  law,  unless  performed 
or  carried  on  under  license,  include: 

Trade 

Trading,  or  attempting  to  trade,  directly  or 
indirectly  with  or  on  behalf  of  any  person,  with 
knowledge  or  reasonable  cause  to  believe  that  such 
person  is  an  enemy  or  ally  of  enemy,  or  is  conduct- 
ing the  trade  in  connection  with  an  enemy  or 
ally  of  enemy.     (Sec.  3-a.) 

Transportation  of  Enemy  or  Ally  of  Enemy 

Transporting  or  attempting  to  transport  any 
person,  with  knowledge  or  reasonable  cause  to 
believe  that  such  person  is  a  subject  or  citizen 
of  an  enemy  or  ally  of  enemy  nation.      (Sec.  3-b.) 

[  18  ] 


Transmission  of  Communications 

Transmitting  or  attempting  to  transmit  out 
of  or  into  the  United  States  any  letter  or  other 
communication  (except  through  the  mail),  or 
transmitting  any  letter  or  other  writing,  book, 
map,  plan,  or  other  paper,  picture,  or  any  tele- 
gram, cablegram,  or  wireless  message,  or  other 
form  of  communication,  intended  for  or  to  be 
delivered  directly  or  indirectly  to  an  enemy  or 
ally  of  enemy,  except  that  this  provision  shall 
not  apply  to  persons  in  the  service  of  the  United 
States  or  of  any  nation  not  an  enemy  or  ally  of 
enemy  nor  to  such  persons  or  class  of  persons  as 
the  President  may  make  exempt.     (Sec.  3-c.) 

Enemy  or  Ally  of  Enemy  Doing  Business  Here 

Doing  business  in  the  United  States  by  every 
enemy  or  ally  of  enemy,  including  insurance  and 
reinsurance  companies,  whether  through  an 
agency,  branch  office,  or  otherwise.  This  re- 
striction shall  not  apply  until  thirty  days  have 
elapsed  after  the  enactment  of  the  law,  or  until 
license  is  refused  upon  application  made  within 
thirty  days  after  enactment.     (Sec.  4-a.) 

Change  of  Name 

No  enemy  or  ally  of  enemy  and  no  partnership 
of  which  he  was  a  member,  at  the  beginning  of 
the  war,  shall  be  permitted  to  change  his  or  its 
name,  during  the  war.     (Sec.  4-b.) 

[14] 


,VV 


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\  Granting  of  Licenses 

Authority  to  Grant  Licenses 

The  President  may  grant  licenses,  special  or 
general,  temporary  or  otherwise,  and  for  such 
period  of  time  and  containing  such  provisions 
and  conditions  as  he  shall  prescribe,  to  any  per- 
son or  class  of  persons  to  do  any  act  or  to  an 
enemy  or  ally  of  enemy  to  do  business  prohibited 
by  this  law     (Sec.  5-a.) 

Revocation  and  Renewal 

The  President  may  revoke  or  renew  licenses 
from  time  to  time,  if  in  his  opinion  such  action 
is  compatible  with  the  safety  of  the  United  States 
and  the  successful  prosecution  of  the  war. 
(Sec.  5-a.) 

Delegation  of  Power 

To  carry  out  the  provisions  of  this  Act,  the 
President  may  exercise  any  power  or  authority 
conferred  hereunder  through  such  officer  or  officers 
as  he  may  direct.     (Sec.  5-a.) 

Export  of  Coin  or  Money 

The  President  may  investigate,  regulate  or 
prohibit  any  transaction  in  foreign  exchange, 
export  of  gold  or  silver  coin  or  bullion,  and  trans- 
fer of  credit  in  any  form  by  any  bank,  other  than 
credits  relating  solely  to  transactions  to  be  exe- 
cuted wholly  within  the  United  States,  and  trans- 

[15] 


111 


fers  of  evidences  of  indebtedness  or  of  the  owner- 
ship of  property  between  the  United  States  and 
any  foreign  country,  whether  enemy,  ally  of 
enemy,  or  otherwise,  or  between  residents  of  one 
or  more  foreign  countries,  by  any  person  within 
the  United  States,  and  may  require  any  person  en- 
gaged in  such  transaction  to  furnish  under  oath 
complete  information  relative  thereto.     (Sec.  5-b.) 

Suspension  ofPerformance  of  an  Act  to  Prevent 
Violation 

If  the  President  has  reasonable  cause  to  believe 
that  any  act  is  about  to  be  performed  in  violation 
of  restrictions  prohibiting  trading,  the  transporta- 
tion of  an  enemy  or  ally  of  enemy,  or  the  trans- 
mission of  letters,  documents,  or  other  communi- 
cations to  an  enemy  or  ally  of  enemy,  he  may  order 
the  suspension  of  the  performance  of  such  act  for  a 
period  not  exceeding  ninety  days,  pending  inves- 
tigation of  the  facts  by  him.     ((Sec.  5-a.) 

Letters  Patent  Applied  for  under  License 

The  President  may  grant  licenses  for  the  prose- 
cution of  applications  for  letters  patent  or  for 
registration  of  trademarks,  or  copyrights  in  the 
country  of  an  enemy,  or  of  an  ally  of  enemy. 
(See  page  32.) 

Enemy  or  Ally  of  Enemy  Doing  Business  Here 

Every  enemy  or  ally  of  enemy,  including  enemy 
or  ally  of  enemy  insurance  or  reinsurance  com- 

(161 


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panics,  doing  business  within  the  United  States 
through  an  agency  or  branch  ofl5ce,  or  otherwise, 
may,  within  thirty  days  after  October  6,  1917, 
apply  to  the  President  for  a  license  to  continue 
to  do  business;  and,  within  thirty  days  after  such 
application,  the  President  may  enter  an  order 
either  granting  or  refusing  to  grant  such  license. 
(Sec.  4-a.)     (Sec.  5-a.) 

Unlawful  to  Continue  Business  Without  License 

If  a  license  is  not  applied  for  within  thirty  days 
after  October  6,  1917,  or  if  a  license  shall  be 
refused  to  any  enemy  or  ally  of  enemy,  whether 
insurance  or  reinsurance  company,  or  other  per- 
son, making  application^  or  if  any  license  granted 
shall  be  revoked  by  the  President,  all  trade  or 
attempt  to  trade  with,  to,  from,  for,  by,  on  ac- 
count of,  or  on  behalf  of,  or  for  the  benefit  of  such 
enemy  or  ally  of  enemy  shall  be  unlawful.  (Sec. 
4-a.) 

May  Continue  Business  Pending  License  Appli- 
cation 

For  a  period  of  thirty  days  after  October 
6,  1917  and  further  pending  entry  of  order  by 
the  President  after  application  made  within  thirty 
days  by  an  enemy  or  ally  of  enemy,  other  than  an 
insurance  or  reinsurance  company,  it  shall  be 
lawful  for  such  enemy  or  ally  of  an  enemy  to  con- 
tinue to  do  business  in  this  country  and  for  any 

[17] 


person  to  trade  with,  to,  from,  for,  on  account  of, 
on  behalf  of,  or  for  the  benefit  of  such  enemy  or 
ally  of  enemy.     (Sec.  4-a.) 

May  not  Export  Funds 

During  such  period  an  enemy  or  ally  of  enemy 
insurance  company  may  continue  to  do  business 
in  accordance  with  the  terms  of  the  President's 
Proclamation  of  April  6,  1917,  as  modified  by  the 
Proclamation  of  July  13, 1917,  but  may  not  trans- 
mit any  funds  out  of  the  country  or  allow  any 
funds  to  be  used  as  a  basis  for  credit  for  an  enemy 
or  ally  of  enemy.     (Sec.  4-a.) 

Licenses  to  do  Business  Restricted 

The  President  shall  not  have  power  to  license 
any  marine  or  war-risk  insurance  or  reinsurance 
business;  or  to  authorize  the  transmission  of 
any  funds  out  of  the  United  States,  or  their  use 
as  the  basis  for  any  credit,  within  or  outside  of  the 
United  States,  for  an  enemy  or  ally  of  enemy. 
(Sec.  4-a.) 

Payments   Under  Existing  Policies  or  Contracts^ 
After  Refusal  or  Revocation  of  License 

A  policy-holder  or  an  insurance  company,  not 
an  enemy  or  ally  of  enemy,  holding  insurance  or 
having  effected  reinsurance  with  an  enemy  or  ally 
of  enemy  company,  may  receive  payment  from 
such  enemy  company,  of  any  premium,  return 
premium,  claim,  money,  security,  or  other  prop- 
erty due  or  to  become  due  and  in  force  at  the  time 

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a  license  is  revoked  or  refused  such  enemy  com- 
pany. Policies  or  contracts  existing  at  such  time 
are  not  made  void  by  this  act;  and  any  policy- 
holder or  insurance  company  having  any  claim 
to  money  or  other  property  of  the  enemy  or  ally 
of  enemy  insurance  company  in  the  control  of 
the  alien  property  custodian  or  of  the  Treasurer 
of  the  United  States,  may  make  application  for 
the  payment  thereof  and  may  institute  suit  as 
provided  in  this  Act.     (Sec.  4-a.) 

Notice  of  Refusal  or  Revocation  of  License 

Reasonable  notice  of  intent  to  refuse  to  grant 
a  license,  or  to  revoke  a  license  granted,  to  any 
reinsurance  company  shall  be  given  by  the  Presi- 
dent to  all  insurance  companies  within  the  United 
States  known  to  be  doing  business  with  such 
reinsurance  company.     (Sec.  4-a.) 

Effect  of  Law  on  Void  Transactions 

Nothing  in  this  law  shall  render  valid  any  act 
or  transaction,  constituting  trading  with  an 
enemy,  since  the  beginning  of  the  war  and  prior 
to  October  6,  1917,  or  any  such  act  or  trans- 
action thereafter  performed  or  entered  into, 
except  as  authorized,  which  would  otherwise  be 
void  or  illegal  at  law.  Any  conveyance,  transfer, 
delivery,  or  loan  of  money  or  other  property, 
prohibited  by  this  act,  made  after  October  6, 
1917,  without  license,  shall  create  no  right  or 

[19] 


mm^ 


r> 


remedy  with  respect  thereto.  Likewise  the 
assignment,  endorsement,  or  delivery  of  any  debt, 
bill,  note,  or  other  obligation  by  or  from  an  enemy 
or  ally  of  enemy  shall  create  no  right  or  remedy 
against  any  person  liable  thereon,  unless  such 
obligation  was  made  prior  to  the  war  or  under 
license  granted  by  the  President.  Any  person 
who  pays  or  satisfies  such  obligation  will  be  sub- 
ject to  penalties  prescribed  for  violation  of  the 
provisions  of  this  act.     (Sec.  7-b.) 

Pre-  War  Payments 

The  law  does  not  prohibit  the  payment  of 
money  belonging  to  an  enemy  or  ally  of  enemy 
to  a  person  within  the  United  States,  not  an  enemy 
or  ally  of  enemy,  if  the  funds  so  paid  were  received 
prior  to  the  beginning  of  the  war  and  the  pay- 
ments arose  from  transactions  entered  into  prior 
to  the  war  and  not  in  contemplation  thereof.  A 
license  from  the  President,  however,  is  required 
before  such  payment  may  be  made.  The  law 
furthermore  does  not  prevent  the  performance  or 
completion  of  any  contract  originally  entered  into 
by  an  enemy  or  ally  of  enemy,  if,  prior  to  the  be- 
ginning of  the  war  and  not  in  contemplation 
thereof,  the  interest  of  the  enemy  or  ally  of  enemy 
devolved  upon  a  person  not  an  enemy  or  ally  of 
enemy,  and  no  enemy  or  ally  of  enemy  will  be 
benefited  by  such  performance  other  than  by 
release  from  the  obligation.     (Sec.  7-b.) 

[20] 


i 


m 


Custodian  of  Enemy  Property 

Powers 

The  President  is  authorized  to  appoint  an 
Alien  Property  Custodian  who  shall  be  empowered 
to  receive  all  money  and  property  in  the  United 
States  due  or  belonging  to  an  enemy  or  ally  of 
enemy,  and  to  hold  and  administer  and  to  account 
for  the  same  under  the  general  direction  of  the 
President.  Such  custodian  shall  be  required  to 
give  bond  in  form  and  amount  as  the  President 
shall  prescribe.     (Sec.  6.) 

Payment  to  Custodian  a  Discharge 

Payment  and  delivery  of  money  or  property  to 
such  custodian  shall  be  a  full  acquittance  or  dis- 
charge, for  all  purposes  of  the  obligation  of  the 
person  making  such  payment  or  delivery,  and  the 
Custodian,  or  such  other  person  as  the  President 
may  appoint,  shall  have  power  to  evidence  upon 
the  record  or  otherwise  such  acquittance  or  dis- 
charge and  to  deliver  any  security  therefor,  which 
has  come  into  his  possession.  Any  person  so 
empowered  by  the  President  will  be  furnished 
with  a  certificate  from  the  President  which  will  be 
accepted  as  evidence  of  his  authority  in  the  same 
manner  as  a  power  of  attorney.     (Sec.  7-e.) 

Moneys  Invested  in  Government  Bonds 

All  moneys  paid  to  or  received  by  the  Alien 
Property  Custodian  shall  be  deposited  in  the 

[21] 


Treasury  of  the  United  States  and  may  be  in- 
vested by  the  Secretary  of  the  Treasury  in  United 
States  Government  bonds  or  certificates  of  in- 
debtedness. As  soon  after  the  end  of  the  war  as 
the  President  may  deem  practicable,  such  securi- 
ties shall  be  sold  and  the  proceeds  deposited  in  the 
Treasury.     (Sec.  12.) 

Other  Property  to  be  Deposited  in  Banks 

All  other  property  including  stocks,  bonds, 
notes,  time  drafts,  or  other  securities  (except 
checks,  or  drafts  payable  on  demand)  of  an  enemy 
or  ally  of  enemy  shall  be  deposited  in  any  bank  or 
banks,  or  trust  companies  in  the  United  States 
designated  by  the  President.  Such  depositaries 
are  authorized  to  collect  dividends,  interest,  or 
income  which  may  become  due  on  any  stocks, 
bonds,  notes,  or  other  securities,  and  to  deposit 
same  in  the  Treasury  of  the  United  States. 
(Sec.  12.) 

Rights  of  Custodian 

The  Custodian,  in  respect  of  all  property  coming 
into  his  hands  other  than  money,  shall  possess  the 
powers  of  a  common  law  trustee,  and  under  pre- 
scribed regulations  may  manage  such  property  and 
exercise  such  rights  as  may  appertain  to  ownership, 
as  though  he  were  the  absolute  owner.    (Sec.  12.) 

Corporations  or  unincorporated  associations 
or  trustees  issuing  shares  or  certificates  repre- 

[22] 


i\ 


senting  beneficial  interests  are  required  to  trans- 
fer stocks  delivered  to  the  custodian  upon  de- 
mand of  the  latter,  accompanied  by  delivery  of  the 
certificates.  The  returns  from  property  sold  by 
the  Custodian  shall  be  deposited  in  the  Treasury 
of  the  United  States.     (Sec.  12.) 

Money  or  property  required  or  authorized  to 
be  paid  or  transferred  to  the  Custodian,  shall 
upon  his  written  order  be  paid  or  transferred  to 
the  Treasurer  of  the  United  States.     (Sec.  12.) 

Sales  of  Property 

Except  when  sold  to  the  United  States,  prop- 
erty disposed  of  under  the  provisions  of  this  Act 
shall  be  sold  only  to  American  citizens  at  public 
sale  to  the  highest  bidder,  the  time  and  place  of 
sale  having  been  publicly  advertised.  The  sale 
shall  be  where  the  property  or  a  major  portion 
thereof  is  situated  except  where  the  President, 
stating  the  reasons  therefor,  shall  in  the  public 
interest,  otherwise  determine. 

The  Custodian,  upon  order  of  the  President, 
stating  the  reasons  therefor,  may  reject  all  bids 
and  resell  the  property  at  public  sale  or  other- 
wise, as  the  President  may  direct.  A  person 
purchasing  property  from  the  Custodian  for  an 
undisclosed  principal,  or  for  resale  to  a  person 
not  a  citizen  of  the  United  States,  or  for  the 
benefit  of  a  person  not  a  citizen  of  the  United 
States,  shall  be  guilty  of  a  misdemeanor,  punish- 

[23] 


able  by  a  fine  of  not  more  than  $10,000  or  by 
imprisonment  for  not  more  than  ten  years,  or 
both,  and  the  property  shall  be  forfeited  to  the 
United  States.     (See.  12) 

Disclosure  of  Stockholders,  Officers,  and  Directors 
of  Corporations  and  Unincorporated  Associations 

Every   corporation   organized   in   the   United 
States,    and    every    unincorporated    association 
or  company,  or  trustee  or  trustees  within  the 
United  States,  issuing  shares  or  certificates  repre- 
senting beneficial  interests  are  required  to  furnish 
the  Custodian,  within  sixty  days  after  October  6, 
1917,  with  a  full  list  of  the  names  of  every  officer, 
director,   or  stockholder,   living  outside  of  the 
United  States,  known  to  be,  or  whom  there  is 
reasonable  cause  to  believe  to  be,  a  citizen  or 
subject  of  a  nation  at  war  with  the  United  States 
or  of  an  ally  of  such  nation,  together  with  the 
amount  of  stock  or  shares  owned  by  each.     A 
similar  list  may  also  be  required  by  the  President 
of  all. stock  and  shares  owned  on  February  3, 
1917,  by  an  enemy  or  ally  of  enemy  or  which  the 
corporation,  company,  or  trustee  has  reasonable 
cause  to  believe  is  owned  by  an  enemy  or  ally  of 
enemy,  though  standing  on  the  books  in  the  name 
of  another  person.     The  name   of  any   officer, 
director,  or  stockholder  contained  in  this  list  may 
be  stricken  therefrom  by  the  Custodian  if  he  is 
satisfied   that   such   officer,    director,    or   stock- 

[24] 


holder  is  not  an  enemy  or  ally  of  enemy.  The 
President  may  extend  the  time  for  filing  lists  or 
returns  for  an  additional  period  not  to  exceed 
ninety  days.     (Sec.  7-a.) 

Money,  Property  and  Debts 

Any  person  in  the  United  States  holding  or 
having  custody  or  control,  alone  or  jointly,  of 
any  property,  beneficial  or  otherwise,  for  or  on 
behalf  of  an  enemy  or  ally  of  enemy,  or  for  any 
person  whom  he  may  have  reasonable  cause  to 
believe  to  be  an  enemy  or  ally  of  enemy,  or  any 
person  in  the  United  States  indebted  in  any  way 
to  an  enemy  or  ally  of  enemy,  or  to  any  person 
believed  to  be  such,  is  required  to  furnish  the 
Custodian  with  a  statement  containing  the  par- 
ticulars of  such  holdings  of  indebtedness.     Such 
report  shall  be  made  within  thirty  days  after 
October   6,  1917,  or   within   thirty   days   after 
such  property  shall  come  within  the  custody  or 
control  of  such  person,  or  after  such  indebted- 
ness   becomes    due.    The    President    may    also 
require  a  similar  report  of  all  property  so  held  on 
February  3,  1917,  but  the  name  of  any  person 
included  in  such  report  may  be  stricken  out  by  the 
Custodian  if  he  is  satisfied  that  such  person  is 
not  an  enemy  or  ally  of  enemy.    The  President 
may  extend  the  time  for  filing  lists  or  returns, 
for  an  additional  period  not  to  exceed  ninety 
days.     (Sec.  7-a.) 

[25] 


f   I' 


I 


Any  money  or  property  owing  or  belonging  to 
an  enemy  or  ally  of  enemy  who  has  not  been 
granted  a  license  by  the  President,  may  be  re- 
quired by  the  President  to  be  paid  over  or  con- 
veyed to  the  Custodian.  (Sec.  7-c.)  If  not  so 
required,  any  person,  not  an  enemy  or  ally  of 
enemy,  owning  or  holding  money  or  property  of 
an  enemy  or  ally  of  enemy,  if  such  enemy  or  ally 
of  enemy  does  not  hold  a  license  hereunder,  may, 
with  the  consent  of  the  President,  pay  or  transfer 
the  same  to  the  Custodian.     (Sec.  7-d.) 

Enforcement  of  Rights  Affecting  Enemy 
Property  and  Contracts 

Mortgages  and  Liens 

Any  person,  not  an  enemy  or  ally  of  enemy, 
holding  a  mortgage,  pledge,  lien,  or  other  right 
in  the  nature  of  security  in  any  property  of  an 
enemy  or  ally  of  enemy,  which  by  law  or  by  the 
terms  of  the  instrument  creating  such  right  may 
be  disposed  of,  may  hold  such  property  or, 
after  default,  may  dispose  of  such  property  after 
notice  to  the  Custodian  under  regulations  pre- 
scribed by  the  President.  Likewise,  any  person, 
not  an  enemy  or  ally  of  enemy,  who  is  a  party 
to  a  contract  with  an  enemy  or  ally  of  enemy 
the  terms  of  which  provide  for  a  termination  upon 
notice  or  for  acceleration  of  maturity  on  demand, 

[26] 


ill 


may   terminate   or   mature  such  contract  upon 
notice  to  the  Custodian. 

If  any  surplus  remains  after  the  satisfaction  of  a 
mortgage  or  other  claim,  notice  thereof  shall  be 
given  to  the  President  and  such  surplus  held  sub- 
ject to  his  control  and  order.      (Sec.  8-a.) 

Notice  to  Custodian 

The  notice  to  the  Custodian  shall  be  for  no 
longer  period  than  is  required  by  law  or  by  the 
instrument  providing  for  such  notice.  If  no 
notice  is  required  by  law  or  by  such  instrument, 
notice  will  not  be  required  by  the  Custodian. 
Notice  given  to  the  Custodian  in  accordance  with 
the  above  shall  have  the  same  effect  as  if  served 
upon  an  enemy  or  ally  of  enemy  personally. 
(Sec.  8-a.) 

Contracts  Prior  to  War 

Any  contract  entered  into  prior  to  the  war, 
between  any  citizen  of  the  United  States,  or  cor- 
poration or  organization  within  the  United  States, 
and  an  enemy  or  ally  of  enemy,  the  terms  of  which 
provide  for  the  delivery  of  anything  produced, 
mined,  or  manufactured  in  the  United  States,  to 
an  enemy  or  ally  of  enemy,  may  be  abrogated 
by  such  citizen  or  corporation,  by  serving  thirty 
days*  notice  in  writing  upon  the  Custodian. 
(Sec.  S-b.) 

[27] 


mmmm 


II! 


liffil 


Claims  for  Property  Transferred  to  Custodian 

Any  person,  not  an  enemy  or  ally  of  enemy, 
having  any  interest,  right,  or  title  to  any  money 
or  other  property  transferred  to  the  Custodian, 
or  to  whom  any  debt  may  be  owing  from  an  enemy 
or  ally  of  enemy  whose  property  has  been  trans- 
ferred to  the  Custodian,  may  file  with  the  Custodian 
a  notice  of  his  claim.  If  application  is  made 
by  the  claimant  for  the  transfer  of  such  money  or 
property,  the  President,  with  the  assent  of  the 
owner  thereof  and  of  all  persons  claiming  an 
interest  therein,  may  order  the  payment  or  de- 
livery to  the  claimant  of  such  money  or  property, 
held  by  the  Custodian  or  by  the  Treasurer  of  the 
United  States,  or  of  such  interest  therein  as  the 
President  may  determine  the  claimant  is  entitled 
to.  An  order  of  the  President  herein  shall  not 
bar  any  person  from  prosecuting  suit  to  establish 
any  right  or  interest  in  such  money  or  property . 
(Sec.  9.) 

May  Sue  in  District  Court 

If  the  claimant  files  notice  of  his  claim  but 
makes  no  application  to  the  President,  or  if  the 
President  shall  not  act  on  such  application  within 
sixty  days,  the  claimant  may,  within  six  months 
after  the  end  of  the  war,  institute  a  suit  in  equity 
to  establish  the  interest,  right,  title,  or  debt  so 
claimed.  Such  suit  shall  be  instituted  in  the 
district  court  of  the  United  States  for  the  district 

[28] 


-^^■^■MMiaMi 


t 


in  which  the  claimant  resides,  or  if  the  claimant 
is  a  corporation,  the  suit  shall  be  instituted  in  the 
district  where  such  corporation  has  its  principal 
place  of  business.  The  property  or  money 
claimed  shall  be  held  by  the  Custodian  until  final 
decree  is  entered  and  satisfied  by  payment,  or 
until  the  suit  is  otherwise  terminated.  Except 
as  provided  in  the  law,  the  money  or  property 
paid  to  the  Custodian  shall  not  be  liable  to  lien, 
attachment,  garnishment,  trustee  process,  or  exe- 
cution, nor  shall  it  be  subject  to  any  order  or  de- 
cree of  any  court.  But  money  paid  to  the  Cus- 
todian and  deposited  in  the  Treasury  of  the  United 
States,  as  a  trust  fund  for  the  payment  of  an 
enemy  or  ally  of  enemy  owner  of  letters  patent,  or 
trademark,  print,  label,  or  copyright  registration, 
used  by  a  citizen  of  the  United  States  under 
license  from  the  President,  may  be  distributed  by 
order  of  a  court.     (Sec.  9.) 

Enemy  May  Sue  or  Defend 

An  enemy  or  ally  of  enemy  licensed  hereunder 
may  bring  suit  if  the  basis  thereof  originated  in 
business  transacted  within  the  United  States 
under  such  license;  and,  similarly,  defend  a  suit 
brought  against  him.     (Sec.  7-b.) 

Notice  from  President  a  Defense 

Notice  from  the  President  that  he  believes  a 
person  asserting  a  claim  in  law  or  equity  is  an 

[29] 


Illl 


|i   •! 


enemy  or  ally  of  enemy  shall  operate  as  a  prima 
facie  defense  to  such  suit.     (Sec.  7-b.) 

Statute  of  Limitation  Suspended 

The  running  of  any  statute  of  limitation  shall 
be  suspended  with  reference  to  the  rights  or  rem- 
edies on  any  contract  entered   into  prior  to  the 
beginning  of  the  war  between  parties  neither  of 
whom  is  an  enemy  or  ally  of  enemy,  the  terms  of 
which  provide  for  payment  of  money  evidenced 
by  commercial  paper  drawn  against  or  secured  by 
funds  or  property  situated  in  an  enemy  or  ally 
of  enemy  country.     No  suit  shall  be  maintained 
on  any  such  contract  in  the  United  States  until 
after  the  end  of  the  war,  or  until  such  funds  or 
property  shall  be  released  for  payment  or  for 
satisfaction    of    such    contract.     This    provision 
shall  not  be  construed  to  prevent  the  suspension 
of  the  running  of  any  statute  of  limitation   in 
cases  where  such  suspension  would  occur  under 
existing  law.     (Sec.  8-c.) 

Settlement  of  Claims 

After  the  end  of  the  war,  any  claim  of  an  enemy 
or  ally  of  enemy  to  money  or  other  property  held 
by  the  Custodian,  or  deposited  in  the  United 
States  Treasury,  shall  be  settled  as  Congress  shall 
direct,  except  that,  on  order  of  the  President,  or 
of  the  court  as  provided  in  this  Act,  the  Custodian 
or  the  Treasurer  of  the  United  States  shall  con- 

[30] 


*»- 


vey  or  pay  to  any  person  to  whom  the  President 
shall  order,  or  in  whose  behalf  a  final  judgment  or 
decree  shall  be  entered,  money  or  property  of  an 
enemy  or  ally  of  an  enemy  held  by  the  Custodian 
or  the  Treasurer  of  the  United  States.  The 
Treasurer  of  the  United  States  on  order  of  the 
Custodian  shall  repay  to  the  licenseeof  any  patent, 
trademark,  or  copyright,  any  funds  deposited 
by  said  licensee.     (Sec.  12  ) 

Statements  for  Collectors  of  Customs 

Statements  by  Master  of  Ship  and  Owners,  Ship- 
pers or  Consignors  of  Cargoes 

The  master,  or  person  in  charge  of  any  vessel, 
before  departure  of  such  vessel  from  port,  shall 
deliver  to  the  collector  of  customs  of  the  district 
wherein  such  vessel  is  located,  a  statement  duly 
verified  under  oath,  that  the  cargo  is  not  shipped 
or  to  be  delivered  in  violation  of  law.  The  owner, 
shipper,  or  consignor  of  the  cargo  of  such  vessel 
shall  in  like  manner  deliver  to  the  collector  a 
similar  statement  as  to  the  cargo  or  parts  thereof, 
shipped  by  them;  which  statement  shall  contain 
the  names  and  addresses  of  the  actual  consignees, 
or,  if  a  shipment  is  made  to  a  bank  or  other  factor, 
the  names  and  addresses  of  the  persons  who  are 
the  actual  consignees.  Copies  of  these  statements 
shall  be  delivered  to  the  American  consular  oflSce 
at  the  port  of  destination  of  the  cargo  by  the  mas- 
ter or  person  in  control  of  the  vessel.     (Sec.  13.) 

[31] 


Refused  of  Clearance  of  Vessel 

Whenever  there  is  reasonable  cause  to  believe 
that  the  manifest  or  statement  is  false,  or  that  the 
vessel  is  about  to  carry  any  property  to  or  for  the 
account  of  an  enemy  or  ally  of  enemy,  the  collec- 
tor of  customs,  subject  to  review  by  the  President, 
may  refuse  clearance  to  any  vessel  for  which 
clearance  is  required  by  law,  and  by  formal  notice 
served  upon  the  owner  or  person  in  command 
or  in  charge  of  any  domestic  vessel  for  which 
clearance  is  not  required  by  law,  may  forbid  the 
departure  of  such  vessel  from  port.     (Sec.  14.) 

Report  of  Export  of  Coin  or  Bullion 

When  any  cargo  intended  for  export  contains 
gold  coin,  silver  coin,  bullion,  or  other  moneys 
of  the  United  States,  the  collector  of  customs  shall 
report  to  the  President  the  amount  thereof  with 
names  of  trustees,  consignors,  and  consignees, 
and  any  other  facts  known  to  the  collector,  par- 
ticularly those  which  may  indicate  that  the  ship- 
ment may  be  intended  for  delivery  to  an  enemy 
or  ally  of  enemy.     (Sec.  14.) 

Patents,  Trademarks  and  Copyrights 

Prosecution  of  Applications 

An  enemy  or  ally  of  enemy  may  file  and  prose- 
cute in  the  United  States  an  application  for  a 
patent,  or  for  registration  of  a  trademark,  print, 

132] 


label,  or  copyright,  and  pay  any  fee  required  by 
law  including  attorney's  fees.  If  an  enemy  or 
ally  of  enemy  is  unable  during  the  war,  or  within 
six  months  thereafter,  on  account  of  conditions 
arising  out  of  the  war,  to  file  such  application,  or 
to  pay  any  official  fee  required  by  law  within  the 
prescribed  period,  he  may  be  granted  an  extension 
of  nine  months  beyond  the  expiration  of  such 
period,  provided  the  nation  of  which  such  appli- 
cant is  a  citizen  or  subject  extends  similar  privi- 
leges to  citizens  of  the  United  States.  (Sec.  10-a.) 
Any  citizen  of  the  United  States,  or  any  cor- 
poration organized  within  the  United  States, 
when  duly  authorized  by  the  President,  is  per- 
mitted to  pay  to  an  enemy  or  ally  of  enemy, 
any  tax,  annuity,  or  fee  which  may  be  required 
by  the  laws  pertaining  to  patents,  trademarks,  and 
copyrights,  of  such  enemy  or  ally  of  enemy  nation. 
Any  citizen  or  corporation  may  file  and  prosecute 
an  application  for  patent  or  registration  of  trade- 
mark or  copyright  in  the  country  of  an  enemy  or 
ally  of  enemy,  after  first  receiving  a  license  from 
the  President,  and  may  pay  the  fees  required  by 
law  and  agent's  fees,  the  amount  of  which  shall  be 
subject  to  the  control  of  the  President.   (Sec.  10-b.) 

Use  of  Patent^  Trademark  or  Copyright  Owned 
by  Enemy  or  Ally  of  Enemy 

Permission   to  manufacture  under  patent  or 
use  any  trademark  or  copyright  owned  or  con- 

[  33  ] 


ii 

I'  I 


troUed  by  an  enemy  or  ally  of  enemy  during  the 
existence  of  the  war  may  be  granted  under  license 
issued  by  the  President.     He  may  prescribe  the 
conditions  of  the  license,  including  the  fixing  of 
prices  of  articles  and  products  necessary  to  the 
health  of  the  military  and  naval  forces  of  the 
United  States  and  the  successful  prosecution  of 
the  war,  and  the  rules  under  which  it  may  be 
granted  and  the  fee  which  shaU  be  charged  there- 
for.     (Sec.  10-c.) 

The  licensee  shaU  render,  at  stated  periods  (at 
least  annually),  to  the  President  a  statement  of 
the  extent  of  the  use  of   the   license  and  the 
prices  received  and  shall  pay  to  the  Alien  Property 
Custodian  an  amount  not  to  exceed  five  per  cen- 
tum of  the  gross  sums  received  from  the  use  of 
such  inventions,  trademarks,  or  copyrighted  mat- 
ter, or  five  per  centum  of  the  value  of  the  use  of 
such  inventions,  trademarks,  or  copyrighted  mat- 
ter, if  so  ordered  by  the  President.     The  amount 
paid  shall  be  deposited  by  the  Custodian  with  the 
Treasurer  of  the  United  States  as  a  trust  fund  for 
the  licensee  or  for  the  owner  of  the  patent,  trade- 
mark  or  copyright.     (Sec.  10-d.) 

Licenses  will  continue  during  the  term  fixed 
m  the  license,  or,  in  the  absence  of  a  limitation, 
dunng  the  term  of  the  patent  or  copyright, 
(bee.  10-e.) 

[34] 


V  I  -f 


For  violation  of  these  provisions  or  of  the 
conditions  of  the  license,  the  President,  after  due 
notice  and  hearing,  may  cancel  any  license. 
(Sec.  10-e.) 

Invention  Against  Public  Safety  Kept  Secret 

If  the  President  is  of  the  opinion  that  the  pub- 
lication of  an  invention,  through  grant  of  a  patent , 
may  endanger  the  public  safety  or  assist  the 
enemy,  he  may  order  that  such  invention  be  kept 
secret  and  patent  be  withheld  until  the  end  of  the 
war.  If  it  be  established  that  application  for  such  a 
patent  has  been  filed  in  any  other  country,  or  such 
invention  published  without  the  consent  of  the 
Commissioner  of  Patents  or  a  license  of  the  Presi- 
dent, such  invention  may  be  held  abandoned. 
(Sec.  10-i.) 

• 

Powers  of  Attorney 

Powers  of  attorney  heretofore  or  hereafter 
given  by  an  enemy  or  ally  of  enemy  to  any  per- 
son in  the  United  States,  in  so  far  as  the  same  may 
be  necessary  in  the  prosecution  of  an  application 
for  a  patent  or  the  registration  of  a  trademark 
or  copyright  or  the  maintenance  of  a  suit  against 
a  person  other  than  a  licensee  to  restrain  infringe- 
ment, are  valid.     (Sec.  10-g.) 

[35] 


idB 


V 


III 


Remedies  of  Enemy  and  AUy  of  Enemy 
Owners  of  Patents  and  Copyrights 

Suits  Against  Licensee 

An  owner  of  a  patent  or  copyright  may,  within 
one  year  after  the  end  of  the  war,  file  a  bUl  in- 
equity against  the  licensee,  in  the  United  States 
district  court  (for  the  district  in  which  the  licensee 
resides,  or,  if  a  corporation,  in  which  it  has  its 
principal  place  of  business)  for  recovery  from  a 
licensee  for  all  use  and  enjoyment  of  his  patent, 
trademark,  or  copyright.     The  Treasurer  of  the 
United  States  shall  be  made  a  party  to  the  suit, 
and  the  Custodian  shall  receive  notice   thereof 
within  thirty  days  after  its  entry.    The  licensee 
shall  be  entitled  to  make  any  and  all  defences 
to  such  suit  which  would  be  available  were  no 
licenses  granted.     (Sec.  10-f.) 

If  judgment  is  rendered  for  the  payment  of 
royalty,  the  same  shall  be  satisfied  so  far  as  pos- 
sible by  the  fund  which  has  been  paid  to  the  Cus- 
todian by  the  licensee.  If  any  balance  is  left,  the 
same  shall  be  returned  to  the  licensee.    (Sec.  10-f.) 

If  no  suit  is  brought  agamst  the  licensee  within 
one  year  after  the  termination  of  the  war,  all 
funds  deposited  by  the  licensee  shall  be  returned. 
After  entry  of  suit  or  repayment  of  funds,  the 
licensee  shall  not  be  required  to  make  further 
reports  to  the  President.     (Sec.  10-f.) 

[36] 


h 


If  suit  is  brought,  the  court  may  terminate  the 
license  and,  in  such  event,  may  restrain  infringe- 
ment thereafter,  or  may  continue  the  license  for  a 
stated  period  with  such  royalties  as  it  may  find 
just  and  reasonable.     (Sec.  10-f.) 

Suits  Against  Others  than  Licensee 

The  owner  of  a  patent  or  copyright  may  in- 
stitute and  prosecute  suits  in  equity,  against  any 
person  other  than  a  licensee,  to  enjoin  the  in- 
fringement of  patents  and  copyrights,  in  the  same 
manner  and  to  the  same  extent  as  if  the  United 
States  were  not  at  war.  Final  judgment  in  such 
suit  in  favor  of  an  enemy  or  ally  of  enemy  shall 
not  be  entered  except  upon  thirty  days'  notice 
to  the  Custodian.     (Sec.  10-g.) 

Suspension  of  Provision  Relating  to  Ally 

of  Enemy  by  President 

The  President  may  by  proclamation  suspend 
the  provisions  of  this  act  so  far  as  they  may  apply 
or  relate  to  an  ally  of  enemy.     (Sec.  5-a.) 

Publications  in  Foreign  Language 

The  publication  or  circulation,  in  any  foreign 
language,  of  any  news  item  or  comment  respect- 
ing the  United  States  or  any  nation  engaged  in 
the  present  war,  or  their  policies  or  international 
relations,  shall  not  be  permitted  unless  the 
publisher  files  with  the  postmaster,  at  the  place 

[37] 


.1 


of  publication,  a  complete  translation  of  the 
entire  article  in  the  English  language.  This 
translation  shall  be  made  under  oath  and  the 
article  published  shall  be  accompanied  bv  a 
statement  showing  that  a  true  translation '  has 
been  filed  giving  the  name  of  the  postoffice 

Publications  in  any  foreign  language  failing  to 
comply  with  the  above  regulations  shaU  not  be 
admitted  to  the  mails,  and  their  distribution  in 
any  other  manner  is  declared  unlawful 

For  a  false  statement  in  the  affidavit  in  connec- 
tion  with  translation  aforementioned,  the  affiant 
sbaJi  be  punishable  for  perjuiy. 

Censorship  Established 

If  the  President  deems  it  expedient  he  may 
cause  to  be  censored  communications  by  mail 
cable,  radio,  or  other  means  between  this  and  any 
countiy  specified  by  him.  Attempts  at  evasion 
or  concealment  from  such  censorship  shall  be 
pumshable  by  a  fine  of  not  more  than  $10,000  or 
imprisonment  for  not  more  than  ten  years,  or 
both.     (Sec.  3-d.) 

President  May  Prohibit  Imports 

During  the  war,  it  shall  be  unlawful  to  import 
into  the  United  States  any  article  or  articles  from 
any  country  of  which  the  President  shall  make 
proclamation,  except  as  ordered  by  him.    (Sec.  11.) 

[38] 


I 


\ 


Penalty  for  Violation 

Violation  of  the  provisions  of  this  law,  or  of 
any  license,  rule,  or  regulation  thereunder,  shall 
be  punishable  by  fine  of  not  more  than  $10,000, 
or,  if  the  offender  is  an  individual,  by  imprisonment 
for  not  more  than  ten  years,  or  both.  The 
officer,  director,  or  agent  of  any  corporation  who 
knowingly  participates  in  such  violation,  shall 
be  punished  by  a  like  fine,  imprisonment,  or  both. 
Any  property  or  any  vessel  concerned  in  such 
violation  shall  be  forfeited  to  the  United  States. 
(Sec.  16.) 

Jurisdiction  of  District  Courts 

« 

The  district  courts  of  the  United  States  are 
given  jurisdiction  to  issue  all  orders  and  decrees 
which  may  be  necessary  and  proper  to  enforce 
the  provisions  of  the  law,  with  right  to  appeal  as 
prescribed  by  law.     (Sec.  17.) 

The  several  courts  of  first  instance  in  the  Phil- 
ippine Islands  and  the  district  court  of  the 
Canal  Zone  shall  have  jurisdiction  of  offenses 
under  this  law  committed  within  their  respective 
districts,  and  concurrent  jurisdiction  with  the  dis- 
trict courts  of  the  United  States  of  offences  under 
this  law  committed  on  the  high  seas.     (Sec.  18.) 


[39] 


Circular  of  Information 

Issued  by  the  AUen  Property  Custodian 
(Revised  to  July  1, 1918) 


Section  A.— Persons  Whose  Property 
Should  be  Reported. 

Reports  are  required  regarding  any  and  all 
property  belonging  to  any  person  included  in  one 
or  more  of  the  following  classes : 

(1)  Residents  in  enemy  territory.— All  persons, 
without  regard  to  citizenship,  parentage,  or  place 
of  birth,  residing  in  enemy  or  ally  of  enemy  coun- 
tries or  in  territory  occupied  by  the  military 
or  naval  forces  of  enemy  or  ally  of  enemy  nations. 
(Such  territory,  for  convenience,  will  hereafter 
be  referred  to  as  "enemy  territory"  or  "ally  of 
enemy  territory,"  as  the  case  may  be.)  This 
class  includes  even  citizens  of  the  United  States  so 
residing. 

(2)  Doing  business  in  enemy  territory.— Per- 
sons resident  outside  the  United  States  and  doing 
business  within  "enemy"  or  "ally  of  enemy" 
territory. 

(3)  Interned  or  imprisoned  subjects  of  enemy 
nations.— (a)  Persons  interned  in  custody  of  the 
United  States  War  Department;  or 

[40] 


>    -*■ 


i 

T 


(6)  Citizens  or  subjects  of  enemy  nations  de- 
tained as  prisoners  of  war  by  the  United  States 
or  by  any  nation  associated  with  it  in  the  prosecu- 
tion of  the  war;  or 

(c)  Citizens  or  subjects  of  enemy  nations  in- 
terned by  any  of  the  nations  which  is  an  associate 
of  the  United  States. 

(4)  Officers,  agents,  etc.,  of  enemy  nations. — 
Governments  (including  subdivisions)  and  officers, 
officials,  agents,  or  agencies  of  enemy  or  ally  of 
enemy  nations. 

(5)  Women  enemies,  by  reason  of  marriage. — 
Women  who  are  citizens  or  subjects  of  enemy 
nations,  resident  outside  the  United  States,  and 
whose  husbands  are — 

(a)  Officers,  officials,  or  agents  of  enemy  nations 
(the  country  in  which  husband  resides  in  this  case 
is  not  material) ;  or 

(b)  Residents  of  enemy  territory ;  or 

(c)  Resident  outside  the  United  States  and 
doing  business  in  enemy  territory. 

(6)  Disseminating  propaganda,  etc.— Citizens 
or  subjects  of  enemy  nations  resident  or  doing 
business  outside  of  the  United  States — 

(a)  Who  have,  since  the  beginning  of  the  war, 
or  shall  hereafter  disseminate  propaganda  cal- 
culated to  injure  the  cause  of  the  United  States 
or  to  aid  the  cause  of  an  enemy ;  or 

[41] 


IHI 


111 
'I    I  » 


(6)  Who  have  assisted  or  shall  hereafter  assist 
in  plotting  or  intrigue  against  the  United  States 
or  any  of  its  associates. 

(7)  Names  on  enemy  trading  list,— Subjects  or 
citizens  of  an  enemy  nation  resident  outside  of  the 
United  States  whose  names  appear  on  the  Enemy 
Trading  List,  as  published  from  time  to  time  by 
the  War  Trade  Board.  This  includes  firms  and 
copartnerships  appearing  on  said  list,  if  one  or 
more  of  the  members  are  citizens  or  subjects  of  an 
enemy  nation. 

(8)  Persons  who  have  visited  in  enemy  terri- 
tory since  beginning  of  European  war. — Citi- 
zens or  subjects  of  enemy  nations  resident  out- 
side the  United  States  who  have  been  resident  in 
enemy  territory  at  any  time  since  August  4,  1914. 

(9)  Corporations. — Corporations,  incorporated 
in  enemy  or  ally  of  enemy  territory,  or  incorpor- 
ated outside  the  United  States  and  doing  business 
in  such  territory. 

(10)  Additional  classes  created  hereafter  by 
presidential  proclamation. — Such  other  individ- 
uals, or  body  or  class  of  individuals,  as  may  be 
natives,  citizens,  or  subjects  of  any  enemy  or  ally 
of  enemy  nation,  wherever  resident  or  wherever 
doing  business,  as  the  President  may  hereafter  by 
proclamation  designate.  Wide  publicity  is  gener- 
ally given  to  such  proclamations  in  the  newspapery. 

[42] 


^ 


(11)  Officers,  directors,  stockholders  of  corpora- 
tions— ^Form  101  only. — In  making  reports  on 
A.  P.  C.  Form  101  (which  covers  oflScers,  directors, 
and  stockholders  of  corporations)  in  addition  to 
any  persons  falling  under  any  of  the  preceding 
classes,  you  must  include:  All  subjects  or  citizens 
of  enemy  or  ally  of  enemy  countries  residing  out- 
side of  the  United  States. 

Section  B. — Who  Should  Make  Report 

If  you  are  custodian  of  property  whose  owner 
you  have  reasonable  cause  to  believe  is  included 
within  any  of  the  above  classes  you  must  make 
report. 

If  you  have  information  as  to  such  property, 
out  are  not  custodian  thereof,  it  is  your  patriotic 
duty  to  furnish  the  AHen  Property  Custodian  the 
name  and  residence  of  owner,  description  of  prop- 
erty, and  name  and  address  of  person  in  charge 
or  with  as  much  of  this  information  as  you  can 
secure. 

Section  C. — Property  to  Be  Reported 

(1)  Property,  rights  and  claims  of  every  kind, 
tangible  or  intangible,  stocks,  bonds,  notes, 
money,  chattels,  securities,  lands,  indebtedness, 
accounts  receivable,  copyrights,  patents,  safety- 
deposit  boxes,  etc.,  which  belong  to  or  in  which 

[43] 


ill 


I 


any  person  included  in  one  of  the  classes  herein- 
before enumerated  is  interested.  Even  if  the 
property  is  held  in  the  name  of  another — ^by  a 
dummy  or  in  trust,  for  example — the  real  bene- 
ficial interest  is  to  be  reported. 

(2)  Executors,  administrators,  trustees,  and 
other  fiduciaries  must  report  any  interest  of  an 
enemy,  whether  vested  or  contingent,  present  or 
future,  divided  or  undivided. 

Section  D.—  List  of  Report  Forms 

The  following  are  the  forms  upon  which  re- 
ports must  be  made : 

(1)  Form  101:  List  of  officers,  directors,  and 
stockholders  required  to  be  filed  by  corporations 
incorporated  within  the  United  States,  and  by 
unincorporated  associations,  companies,  or  trus- 
tees within  the  United  States,  issuing  shares  or 
certificates  representing  beneficial  interests. 

(2)  Form  102A:  Reports  by  insurance  com- 
panies of  indebtedness  arising  out  of  life,  accident, 
or  health  poUcies. 

(3)  Form  102B:  Reports  by  insurance  com- 
panies of  indebtedness  arising  out  of  fire,  marine, 
or  other  insurance  policies  and  fidelity  and  surety 
bonds. 

(4)  Form  103:  Reports  by  banks  regarding 
bank  deposits. 

[44] 


(5)  Form  104:  Reports  by  safety  deposit  com- 
panies and  others  leasing  safety-deposit  boxes, 
vaults,  or  receptacles,  where  such  lessors  do  not 
have  access  to  the  boxes,  vaults,  or  receptacles. 

(6)  Form  105:  Reports  by  executors,  adminis- 
Irators,  guardians,  trustees,  receivers,  and  all 
others  acting  in  like  fiduciary  or  representative 
capacity. 

(7)  Form  109:  Reports  by  enemies,  interned 
in  the  United  States,  regarding  property  owned, 
held,  or  controlled  by  them,  or  in  which  they  are 
interested  beneficially  or  otherwise. 

(8)  Form  100:  All  enemy  property  or  funds 
not  required  to  be  reported  upon  any  of  the 
forms  above  enumerated. 

Above  forms  will  be  supplied  by  the  Alien 
Property  Custodian  on  request. 

Section  E, — Who  are  ^^  Enemy  "  and 
'Ally  of  Enemy "  Nations 


ff 


At  this  date,  July  1, 1918,  "enemy  nations"  are: 

Germany. 

Austria-Hungary, 
and  "ally  of  enemy  nations"  are: 

Bulgaria. 

Turkey. 

[45] 


I 


i1 


li 


I! 


II 


|j    I       •! 


I 


_  * 

Section  F. — Enemy  Property  to  be 
Kept  in  Statu  Quo 

If  you  hold  property  or  funds  which  you  have 
reason  to  believe  to  be  proper  subject  for  report 
to  this  office,  permit  no  change  to  be  made,  either 
in  the  investment  itself  or  in  the  name  or  title 
in  which  it  is  held,  unless  authorized  to  do  so  by 
the  Alien  Property  Custodian  or  the  War  Trade 
Board.  Even  reinvestments  in  Liberty  Bonds  can 
not  be  made. 

Section  G. — Penalty 

Failure  to  make  report  to  the  Alien  Property 
Custodian,  where  required  by  law  or  by  regula- 
tion of  the  Alien  Property  Custodian  made  under 
such  law,  is  punishable  by  imprisonment  for  not 
more  than  10  years  or  a  fine  of  not  more  than 
$10,000.00,  or  both. 


[46] 


Trading  With  the  Enemy  Act 

(Approved  October  6, 1917) 

Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives of  the  United  States  of  America  in  Congress  assem- 
bled, That  this  Act  shall  be  known  as  the  ''Trading  with 
the  enemy  Act." 

Sec.  2.  That  the  word  "enemy,"  as  used  herein,  shall   Definition: 
be  deemed  to  mean,  for  the  purposes  of  such  trading  and 
of  this  Act — 

(a)  Any   individual,    partnership,    or   other   body    of  Enemy 
individuals,  of  any  nationality,  resident  within  the  ter- 
ritory (including  that  occupied  by  the  military  and  naval 
forces)  of  any  nation  with  which  the  United  States  is  at 

war,  or  resident  outside  the  United  States  and  doing  bus- 
iness within  such  territory,  and  any  corporation  incorpo- 
rated within  such  territory  of  any  nation  with  which  the 
United  States  is  at  war  or  incorporated  within  any  coun- 
try other  than  the  United  States  and  doing  business  within 
such  territory. 

(b)  The  government  of  any  nation  with  which  the 
United  States  is  at  war,  or  any  political  or  municipal 
subdivision  thereof,  or  any  officer,  official,  agent,  or 
agency  thereof. 

(c)  Such  other  individuals,  or  body  or  class  of  individ- 
uals, as  may  be  natives,  citizens,  or  subjects  of  any  nation 
with  which  the  United  States  is  at  war,  other  than  citi- 
zens of  the  United  States,  wherever  resident  or  wherever 
doing  business,  as  the  President,  if  he  shall  find  the  safety 
of  the  United  States  or  the  successful  prosecution  of  the 
war  shall  so  require,  may,  by  proclamation,  include  within 
the  term  ''enemy." 

The  words  "ally  of  enemy,"  as  used  herein,  shall  be 
deemed  to  mean — 

(a)  Any  individual,  partnership,  or  other  body  of  indi-  Ally  of 
viduals,  of  any  nationality,  resident  within  the  territory-  Enemy 
(including  that  occupied  by  the  military  and  naval  forces) 
of  any  nation  which  is  an  ally  of  a  nation  with  which  the 
United  States  is  at  war,  or  resident  outside  the  United 
States  and  doing  business  within  such  territory,  and  any 
corporation  incorporated  within  such  territory  of  such 

[47] 


/ 


# 


in 


Person 


United  States 


Beginning  of 
the  War 


End  of  the 
War 


Bank  or 
Banks 


To  Trade 


ally  nation,  or  incorporated  within  any  country  other  than 
the  United  States  and  doing  business  within  such  territory. 

(b)  The  government  of  any  nation  which  is  an  ally  of 
a  nation  with  which  the  United  States  is  at  war,  or  any 
pohtical  or  municipal  subdivision  of  such  ally  nation,  or 
any  officer,  official,  agent,  or  agency  thereof. 

(c)  Such  other  individuals,  or  body  or  class  of  individ- 
uals, as  may  be  natives,  citizens,  or  subjects  of  any  nation 
which  is  an  ally  of  a  nation  with  which  the  United  States 
is  at  war,  other  than  citizens  of  the  United  States,  wherever 
resident  or  wherever  doing  business,  as  the  President, 
if  he  shall  find  the  safety  of  the  United  States  or  the  suc- 
cessful prosecution  of  the  war  shall  so  require,  may, 
by  proclamation,  include  within  the  term  "ally  of  enemy/' 

The  word  "person,"  as  used  herein,  shall  be  deemed  to 
mean  an  individual,  partnership,  association,  company,  or 
other  unincorporated  body  of  individuals,  or  corporation  or 
body  politic. 

The  words  "United  States,"  as  used  herein,  shall  be 
deemed  to  mean  all  land  and  water,  continental  or  insular, 
in  any  way  within  the  jurisdiction  of  the  United  States  or 
occupied  by  the  military  or  naval  forces  thereof. 

The  words  "the  beginning  of  the  war,"  as  used  herein, 
shall  be  deemed  to  mean  midnight  ending  the  day  on  which 
Congress  has  declared  or  shall  declare  war  or  the  existence 
of  a  state  of  war. 

The  words  "end  of  the  war,"  as  used  herein,  shall  be 
deemed  to  mean  the  date  of  proclamation  of  exchange  of 
ratifications  of  the  treaty  of  peace,  unless  the  President 
shall,  by  proclamation,  declare  a  prior  date,  in  which  case 
the  date  so  proclaimed  shall  be  deemed  to  be  the  "end  of 
the  war"  within  the  meaning  of  this  Act. 

The  words  "bank  or  banks,"  as  used  herein,  shall  be 
deemed  to  mean  and  include  national  banks,  State  banks, 
trust  companies,  or  other  banks  or  banking  associations 
doing  business  under  the  laws  of  the  United  States,  or  of 
any  State  of  the  United  States. 

The  words  "to  trade,"  as  used  herein,  shall  be  deemed 
to  mean — 

(a)  Pay,  satisfv,  compromise,  or  give  security  for  the 
payment  or  satisfaction  of  any  debt  or  obligation. 

(b)  Draw,  accept,  pay,  present  for  acceptance  or 
payment,  or  indorse  any  negotiable  instrument  or  chose  in 
action. 

[48] 


(c)  Enter  into,  carry  on,  complete,  or  perform  any 
contract,  agreement,  or  obligation. 

(d)  Buy  or  sell,  loan  or  extend  credit,  trade  in,  deal 
with,  exchange,  transmit,  transfer,  assign,  or  otherwise  dis- 
pose of,  or  receive  any  form  of  property. 

(e)  To  have  any  form  of  business  or  commercial  com- 
munication or  intercourse  with. 

Sec.  3.    That  it  shall  be  unlawful — 

(a)  For  any  person  in  the  United  States,  except  with  Prohibitions 
the  license  of  the  President,  granted  to  such  person,  or 

to  the  enemy,  or  ally  of  enemy,  as  provided  in  this 
Act,  to  trade,  or  attempt  to  trade,  either  directly  or  Trade 
indirectly,  with,  to,  or  from,  or  for,  or  on  account  of,  or  on 
behalf  of,  or  for  the  benefit  of,  any  other  person,  with  knowl- 
edge or  reasonable  cause  to  believe  that  such  other  person 
is  an  enemy  or  ally  of  enemy,  or  is  conducting  x)r  taking 
part  in  such  trade,  directly  or  indirectly,  for,  or  on  account 
of,  or  on  behalf  of,  or  for  the  benefit  of,  an  enemy  or  ally 
of  enemy. 

(b)  For  any  person,  except  with  the  license  of  the 
President,  to  transport  or  attempt  to  transport  into  or  from 
the  United  States,  or  for  any  owner,  master,  or  other 
person  in  charge  of  a  vessel  of  American  registry  to  trans- 
port or  attempt  to  transport  from  any  place  to  any  other 
place,  any  subject  or  citizen  of  an  enemy  or  ally  of  enemy 
nation,  with  knowledge  or  reasonable  cause  to  believe  that 
the  person  transported  or  attempted  to  be  transported  is 
such  subject  or  citizen. 

(c)  For  any  person  (other  than  a  person  in  the  service 
of  the  United  States  Government  or  of  the  Government 
of  any  nation,  except  that  of  an  enemy  or  ally  of  enemy 
nation,  and  other  than  such  persons  or  classes  of  persons 
as  may  be  exempted  hereunder  by  the  President  or  by 
such  person  as  he  may  direct),  to  send,  or  take  out  of,  or 
bring  into,  or  attempt  to  send,  or  take  out  of,  or  bring 
into  the  United  States,  any  letter  or  other  writing  or 
tangible  form  of  communication,  except  in  the  regular 
course  of  the  mail;  and  it  shall  be  unlawful  for  any  person 
to  send,  take,  or  transmit,  or  attempt  to  send,  take,  or 
transmit  out  of  the  United  States,  any  letter  or  other 
writing,  book,  map,  plan,  or  other  paper,  picture,  or  any 
telegram,  cablegram,  or  wireless  message,  or  other  form  of 

[49] 


Transporta- 
tion of 
Enemy 


Transmis- 
sion of  Com- 
munications 


i 


Censorship 


Insurance 
Companies 
>r  others 
Doing  Busi- 
less  in  U.  S. 


)<!< 


o?i^^S  ""?  *°*^°*^''^  ^•""  ""'  ^  be  deUvered,  directly 
aL«1  T&  *°  ^  ''"^"y  ^"^  ^"y  °f  enemy:  Prw^I 
ofX  t'iSpH  IfyP^'^on  may  send,  take,  or  transmit  ou 
ot  the  Umted  States  anythmg  herem  forbidden  if  he  shal 
first  submit  the  same  to  the  President,  or  to  such  officer 
as  the  President  may  direct,  and  shall  obtaSi  the  Hcense 
or  consent  of  the  President,  under  such  ruCand  rSf 
&eSdent!'  '"'^  -^-Pt^ons,  as  shall  be'pr'crib:!" by 

»!,  ^fi^  Whenever,  during  the  present  war,  the  President 
shall  deem  that  the  public  safety  demands  it  he  mav 
cause  to  be  censored  under  such  rules  and  regulatk.iS^«s 

m«i?'?Kr'"  ^^'  *°  *™^  ^«*^blish,  commuSSby 
mail   cable,  radio,  or  other  means  of  transmisJon  n«« 
mg  between  the  United  States  and  any TS  cou^n^' 

fh^^:J'^^^°''  "^^^  willfully  evades  or  attempts  to  evade 

shfn  nr  3°n  ""^  ^°^  '"'*^  Communication  to  such  ceS^ 
ship  or  willfully  uses  or  attempts  to  use  any  code  or  oXr 
device  for  the  purpose  of  concealing  from  such  ceLrshfn 
the  intended  meaning  of  such  communicatSn  Zfl  be 
punished  as  provided  in  section  sixteen  of  this  Act. 

Sec.  4.  (a)  Every  enemy  or  ally  of  enemy  insurancp 
or  remsurance  company,  and  every  enemy  orX  of 
enemy,  doing  busine^  VN-ithin  the  United  States  through  an 
agency  or  branch  office,  or  otherwise,  may,  withS  thirtv 
days  after  the  parage  of  this  Act,  apply  to  the  PresS 
for  a  hcense  to  continue  to  do  busine^;  and,  wfthhThlrtv 
days  after  such  application,  the  President  may  enter 
an  order  either  granting  or  refusing  to  grant  suScense 
The  license  If  granted,  may  be  temporary  or  othSe" 
and  for  such  period  of  time,  and  may  contain  such^o' 
visions  and  conditions  regulating  the^busineS,  agendes 

STvf^r  r^  ^"^^^^^  ^°<i  the  control  and  di^E  on 
of  the  funds  of  the  company,  or  of  such  enemy  or  afw 

Ttt^  UnitedKr  '5'"  '^r  «««e^y"or  thefity 
01  tne  united  States;  and  any  license  granted  hereundpp 

may  be  revoked  or  regranted  or  renewed  in  such  manner 

and  at  such  times  as  the  President  shall  determine      P™ 

nded,  however.  That  reasonable  notice  of  his  St  to  rel 

[50] 


fuse  to  grant  a  license  or  to  revoke  a  license  granted  to  any 
reinsurance  company  shall  be  given  by  him  to  all  insurance 
companies  incorporated  within  the  United  States  and 
known  to  the  President  to  be  doing  business  with  such 
reinsurance  company:  Provided  further y  That  no  insur- 
ance company,  organized  within  the  United  States,  shall 
be  obligated  to  continue  any  existing  contract,  entered  into 
prior  to  the  beginning  of  the  war,  with  any  enemy  or  ally 
of  enemy  insurance  or  reinsurance  company,  but  any  such 
company  may  abrogate  and  cancel  any  such  contract  by 
serving  thirty  days'  notice  in  writing  upon  the  President 
of  its  election  to  abrogate  such  contract. 

For  a  period  of  thirty  days  after  the  passage  of  this 
Act,  and  further  pending  the  entry  of  such  order  by  the 
President,  after  application  made  by  any  enemy  or  ally 
of  enemy  insurance  or  reinsurance  company,  within  such 
thirty  days  as  above  provided,  the  provisions  of  the 
President's  proclamation  of  April  sixth,  nineteen  hundred 
and  seventeen,  relative  to  agencies  in  the  United  States  of 
certain  insurance  companies,  as  modified  by  the  provisions 
of  the  President's  proclamation  of  July  thirteenth,  nineteen 
hundred  and  seventeen,  relative  to  marine  and  war-risk 
insiu:ance,  shall  remain  in  full  force  and  effect  so  far  as  it 
applies  to  such  German  insurance  companies,  and  the  con- 
ditions of  said  proclamation  of  April  sixth,  nineteen  hun- 
dred and  seventeen,  as  modified  by  said  proclamation  of 
July  thirteenth,  nineteen  hundred  and  seventeen,  shall  also 
during  said  period  of  thirty  days  after  the  passage  of  this 
Act,  and  pending  the  order  of  the  President  as  herein 
provided,  apply  to  any  enemy  or  ally  of  enemy  insurance  or 
reinsurance  company,  anything  in  this  Act  to  the  contrary 
notwithstanding.  It  shall  be  unlawful  for  any  enemy  or 
ally  of  enemy  insurance  or  reinsurance  company,  to  whom 
hcense  is  granted,  to  transmit  out  of  the  United  States 
any  funds  belonging  to  or  held  for  the  benefit  of  such 
company  or  to  use  any  such  funds  as  the  basis  for  the 
establishment  directly  or  indirectly  of  any  credit  within 
or  outside  of  the  Umted  States  to,  or  for  the  benefit  of, 
or  on  behalf  of,  or  on  account  of,  an  enemy  or  ally  of 
enemy. 

For  a  period  of  thirty  days  after  the  passage  of  this 
Act,  and  further  pending  the  entry  of  such  order  by  the 
President,  after  application  made  within  such  thirty  days 

[51] 


Abrogation 
of  Insurance 
Contracts 


Lawful  to 
Continue 
Business 
30  Days 


Transmission 
of  Funds 
Unlawful 


# 


Unlawful 

ontinue 

business 

tTithout 

license 


to 


I 


by  any  enemy  or  ally  of  enemy,  other  than  an  insurance 
or  remsurance  company  as  above  provided,  it  shall  be  law- 
ful for  such  enemy  or  ally  of  enemy  to  continue  to  do  busi- 
ness in  this  country  and  for  any  person  to  trade  with,  to, 
from,  for,  on  account  of,  on  behalf  of  or  for  the  benefit 
of  such  enemy  or  ally  of  enemy,  anythmg  in  this  Act  to  the 
contrary  notwithstanding:  Provided,  however,  That  the 
provisions  of  sections  three  and  sixteen  hereof  shall  apply 
to  any  act  or  attempted  act  of  transmission  or  transfer 
of  money  or  other  property  out  of  the  United  States  and 
to  the  use  or  attempted  use  of  such  money  or  property  as 
the  basis  for  the  establishment  of  any  credit  within  or 
outside  of  the  United  States  to,  or  for  the  benefit  of,  or  on 
behalf  of,  or  on  account  of,  an  enemy  or  ally  oi  enemy. 

If  no  license  is  applied  for  within  thirty  days  after  the 
passage  of  this  Act,  or  if  a  license  shall  be  refused  to  any 
enemy  or  ally  of  enemy,  whether  insurance  or  reinsurance 
company  or  other  person,  making  application,  or  if  any 
hcense  granted  shall  be  revoked  by  the  President,  the 
provisions  of  sections  three  and  sixteen  hereof  shall  forth- 
with apply  to  all  trade  or  to  any  attempt  to  trade  with,  to, 
from,  for,  by,  on  account  of,  or  on  behalf  of,  or  for  the 
benefit  of  such  company  or  other  person:    Provided,  how- 
ever,  That  after  such  refusal  or  revocation,  anything  in  this 
Act  to  the  contrary  notwithstanding,  it  shall  be  lawful  for  a 
poUcy  holder  or  for  an  insurance  company,  not  an  enemy 
or  ally  of  enemjr,  holding  insurance  or  having  effected  rein- 
surance in  or  with  such  enemy  or  ally  of  enemy  insurance 
or  reinsurance  company,  to  receive  payment  of,  and  for  such 
enemy  or  ally  of  enemy  insurance  or  reinsurance  company 
to   pay    any  premium,  return  premium,  claim,  money, 
security,  or  other  property  due  or  which  may  become  due 
on  or  in  respect  to  such  insurance  or  reinsurance  in  force 
at  the  date  of  such  refusal  or  revocation  of  license;  and 
nothing  in  this  Act  shall  vitiate  or  nullify  then  existing 
policies  or  contracts  of  insurance  or  reinsurance,  or  the 
conditions  thereof;  and  any  such  poUcy  holder  or  insurance 
company,  not  an  enemy  or  ally  of  enemy,  having  any  claim 
to  or  upon  money  or  other  property  of  the  enemy  or  ally  of 
enemy  insurance  or  reinsurance  company  in  the  custody  or 
control  of  the  alien  property  custodian,  hereinafter  provided 
for,  or  of  the  Treasurer  of  the  United  States,  may  make 
appUcation  for  the  payment  thereof  and  may  institute  suit 
as  provided  in  section  nine  hereof. 

[52] 


'i 


r 


(b)  That,  during  the  present  war,  no  enemy,  or  ally  of 
enemy,  and  no  partnership  of  which  he  is  a  member  or  wasa 
member  at  the  beginnmg  of  the  war,  shall  for  any  purpose 
assume  or  use  any  name  other  than  that  by  which  sucn 
enemy  or  partnership  was  ordinarily  known  at  the  begin- 
ning of  the  war,  except  under  license  from  the  President. 

Whenever,  during  the  present  war,  m  the  opmion  ol  the 
President  the  public  safety  or  public  interest  reqmres,  the 
President  may  prohibit  any  or  all  foreign  insurance  com- 
panies from  domg  business  in  the  Umted  States,  or  the 
President  may  license  such  company  or  compames  to  do 
business  upon  such  terms  as  he  may  deem  proper. 

Sec.  5.  (a)  That  the  President,  if  he  shall  find  it 
compatible  with  the  safety  of  the  United  States  and  with 
the  successful  prosecution  of  the  war,  may,  by  proclama- 
tion, suspend  the  provisions  of  this  Act  so  far  as  they 
apply  to  an  ally  of  enemy,  and  he  may  revoke  or  renew 
such  suspension  from  time  to  time;  and  the  President 
may  grant  licenses,  special  or  general,  temporary  or  other- 
wise, and  for  such  period  of  time  and  containmg  such 
provisions  and  conditions  as  he  shall  prescnbe,  to  any 
person  or  class  of  persons  to  do  business  as  provided  in 
subsection  (a)  of  section  four  hereof,  and  to  perform  any 
act  made  unlawful  without  such  license  m  section  three 
hereof,  and  to  file  and  prosecute  applications  under  sub- 
section (b)  of  section  ten  hereof;  and  he  may  revoke  or 
renew  such  licenses  from  time  to  time,  if  he  shall  be  of 
opinion  that  such  grant  or  revocation  or  renewal  shall  be 
compatible  with  the  safety  of  the  United  States  and  with 
the  successful  prosecution  of  the  war;  and  he  naay  make 
such  rules  and  regulations,  not  inconsistent  with  law,  as 
may  be  necessary  and  proper  to  carry  out  the  provisions 
of  this  Act;  and  the  President  may  exercise  any  power  or 
authority  conferred  by  this  Act  through  such  officer  or 
officers  as  he  shall  direct. 

If  the  President  shall  have  reasonable  cause  to  believe 
that  any  act  is  about  to  be  performed  in  violation  of  section 
three  hereof  he  shall  have  authority  to  order  the  postpon- 
ment  of  the  performance  of  such  act  for  a  period  not  ex- 
ceeding ninety  days,  pending  investigation  of  the  facts 
by  him. 

"(b)  That  the  President  may  investigate,  regulate,  or 
prohibit,  under  such  rules  and  regulations  as  he  may  pre- 
scribe, by  means  of  licenses  or  otherwise,  any  transactions 

[53] 


Change  of 
Name 


Suspension 
of  Provision 
Applicable  V 
an  Ally  of 
Bjiemy 

Granting 
Licenses 


Suepension 
of  Perform- 
ance of 
Illegal  Act 


Export  of 
Coin  or 
Bullion 


. 


-f/ 


Alien  Prop- 
erty Custo- 
dian 


in  foreign  exchange,  export  or  ear-markings  of  ^nlH  or 

form' roXr^^h"'"°'^ ''^^^T^' *^^"«f^^^^^^^^^^^^ 

o  be  executS  wrn"^'*"  lu^'"^^  ^''^'>-  *"  t^-ansactions 
10  DC  executed  wholly  withm  the  United  States)    anW 

transfers  of  evidences  of  indebtedness  or  of  the  ownershb 

of  property  between  the  United  States  and  any  forS 

country,  whether  enemy,  ally  of  enemy  or  othemrsL  ?^ 

between  residents  of  one  or  more  foreign  countries  bT^nv 

person  withm  the  United  States;  and  he  ma^  SJe  anv 

Zfj^'T  '°«T^  f°  ^°y  «"«b  transa^fo^n  to  furnX 
under  oath,  complete  information  relative  thereto  indnd 
ing  the  production  of  any  books  of  account    conScte 
letters  or  other  papers,  in  connection  therewith  in  t£ 
custody  or  control  of  such  person,  either  Ee  or  after 
such  transaction  is  completed. 

Sec  6.  That  the  President  is  authorized  to  annnmt 
Pf^'be  the  duties  of,  and  fix  the  saJay  (not  to  exceed 
$5,000  per  annum)  of  an  official  to  be  knownas  the  Allpn 
Property  Custodian,  who  shall  be  empow^d  to  reS 
all  money  and  property  in  the  United  States  due  or  bl- 
longmg  to  an  enemy,  or  ally  of  enemy,  which  mav  be  Lid 
conveyed,  transferred,  assigned,  or  delivered^o  safd  cus 
todian  under  the  provisions  of  this  Act:  and  to  hold  ad 

ES  of"1hrr°*.  'T  'H  ^^"^^  "°d«^  the'^'general 
airect  on  of  the  President  and  as  provided  in  this  Act 

It!  fn  Sr  "^^  ^r  °'^'^'^  «^^"  ^^«  «"«=h  bond  or  bonj- 
fh^P  «H?*i  form  and  amount,  and  with  such  security  as 
the  President  shall  prescribe.  The  President  mav  further 
employ  m  the  District  of  Columbia  and  elsewE  and  fix 

^i:Z!:raad  air""  '='7'^'  -ttorneys,'^!!^ 
sarv  fnr  ?h!:  A       °.S^*'''  .^mployees  as  he  may  find  neces^ 

Ac7  Proi  Th  ^"^TYT"^  °f  ^^^  provisions  of  thL 
Act.  t^ronded,  That  such  clerks,  u'vest  gators  accountpntV 
and  other  employees  shall  be  appointed  from  hsts  of  S' 
bles  to  be  suppl  ed  by  the  CiviTService  ComS.^n  ind 
ThlTl'^^T'-r^^  \^'  civil-service  law:  PrS/wrZ 
Ihat  the  President  shall  cause  a  detailed  reoort  to  he  mo2 
to  Congress  on  the  first  day  of  January  oTeacl  year  of  alt 
proceedings  had  under  this  Act  during^he  yS  preced  ni 

empteTA'lhrsI'"  ^  "^*  «^  ^"  Perso^app'Sed  o'r 
into  custody  and  the  disposition  made  thereof       " 

[54] 


; 


< 


Sec.  7.  (a)  That  every  corporation  incorporated  within 
the  United  States,  and  every  unincorporated  association, 
or  company,  or  trustee,  or  trustees  within  the  United 
States,  issuing  shares  or  certificates  representing  beneficial 
interests,  shall,  under  such  rules  and  regulations  as  the 
President  may  prescribe  and,  within  sixty  days  after  the 
passage  of  this  Act,  and  at  such  other  times  thereafter  as 
the  President  may  require,  transmit  to  the  Alien  Property 
Custodian  a  full  list,  duly  sworn  to,  of  every  officer,  director, 
or  stockholder  known  to  be,  or  whom  the  representative  of 
such  corporation,  association,  company,  or  trustee  has 
reasonable  cause  to  believe  to  be  an  enemy  or  ally  of 
enemy  resident  within  the  territory,  or  a  subject  or  citizen 
residing  outside  of  the  United  States,  of  any  nation  with 
which  the  United  States  is  at  war,  or  resident  within  the 
territory,  or  a  subject  or  citizen  residing  outside  of  the 
United  States,  of  any  ally  of  any  nation  with  which  the 
United  States  is  at  war,  together  with  the  amount  of  stock 
or  shares  owned  by  each  such  officer,  director,  or  stock- 
holder, or  in  which  he  has  any  interest. 

The  President  may  also  require  a  similar  list  to  be  trans- 
mitted of  all  stock  or  shares  owned  on  February  third, 
nineteen  hundred  and  seventeen,  by  any  person  now 
defined  as  an  enemy  or  ally  of  enemy,  or  in  which  an\' 
such  person  had  any  interest;  and  he  may  also  require  a 
list  to  be  transmitted  of  all  cases  in  which  said  corporation, 
association,  company,  or  trustee  has  reasonable  cause  to 
believe  that  the  stock  or  shares  on  February  third,  nineteen 
hundred  and  seventeen,  were  owned  or  are  owned  by  such 
enemy  or  ally  of  enemy,  though  standing  on  the  books  in 
the  name  of  another:  Provided,  however,  That  the  name 
of  any  such  officer,  director,  or  stockholder  shall  be  stricken 
permanently  or  temporarily  from  such  list  by  the  AUen 
Property  Custodian  when  he  shall  be  satisfied  that  he  is 
not  such  enemy  or  ally  of  enemy. 

Any  person  in  the  Unites  States  who  holds  or  has  or 
shall  hold  or  have  custody  or  control  of  any  property  ben- 
eficial or  otherwise,  alone  or  jointly  with  others,  of,  for, 
or  on  behalf  of  an  enemy  or  ally  of  enemy,  or  of  any  person 
whom  he  may  have  reasonable  cause  to  believe  to  be  an 
enemy  or  ally  of  enemy  and  any  person  in  the  United 
States  who  is  or  shall  be  indebted  in  any  way  to  an  enemy 
or  ally  of  enemy,  or  to  any  person  whom  he  may  have 
reasonable  cause  to  believe  to  be  an  enemy  or  ally  of  enemy, 

[55] 


Disclosure  of 
Stockholders, 
Directors, 
and  Officers 
of  Corpora- 
tions 


I 

1 


[ 


Disclosure  ol 
Money  or 
Property 


mt 


I 


Extension  of 
Time  for 
Filing  Lists 


Effect  of 
Law  on 
Unlawful 
Transactions 


shall,  with  such  exceptions  and  under  such  rules  and  reg- 
ulations as  the  President  shall  prescribe,  and  within  thirty 
days  after  the  passage  of  this  Act,  or  within  thirty  days 
after  such  property  shall  come  within  his  custody  or 
control,  or  after  such  debt  shall  become  due,  report  the  fact 
to  the  Alien  Property  Custodian  by  written  statement  under 
oath  containing  such  particulars  as  said  custodian  shall 
require.  The  President  may  also  require  a  similar  report 
of  all  property  so  held,  of,  for,  or  on  behalf  of,  and  of  aU 
debts  so  owed  to,  any  person  now  defined  as  an  enemy  or 
ally  of  enemy,  on  February  third,  nineteen  hundred  and 
seventeen:  Providedy  That  the  name  of  any  person  shall 
be  stricken  from  the  said  report  by  the  Alien  Property  Cus- 
todian, either  temporarily  or  permanently,  when  he  shall  be 
satisfied  that  such  person  is  not  an  enemy  or  ally  of 
enemy. 

The  President  may  extend  the  time  for  filing  the  lists  or 
reports  required  by  this  section  for  an  additional  period 
not  exceeding  ninety  days. 

(b)  Nothing  in  this  Act  contained  shall  render  valid 
or  legal,  or  be  construed  to  recognize  as  valid  or  legal,  any 
act  or  transaction  constituting  trade  with,  to,  from,  for 
or  on  account  of,  or  on  behalf  or  for  the  benefit  of  an  enemy 
performed  or  engaged  in  since  the  beginning  of  the  war  and 
prior  to  the  passage  of  this  Act,  or  any  such  act  or  transac- 
tion hereafter  performed  or  engaged  in  except  as  authorized 
hereunder,  which  would  otherwise  have  been  or  be  void, 
illegal,  or  invalid  at  law.  No  conveyance,  transfer, 
dehvery,  payment,  or  loan  of  money  or  other  property,  in 
violation  of  section  three  hereof,  made  after  the  passage 
of  this  Act,  and  not  under  license  as  herein  provided  shall 
confer  or  create  any  right  or  remedy  in  respect  thereof; 
and  no  person  shall  by  virtue  of  any  assignment,  indorse- 
ment, or  dehvery  to  him  of  any  debt,  bill,  note,  or  other 
obhgation  or  chose  in  action  by,  from,  or  on  behalf  of, 
or  on  account  of,  or  for  the  benefit  of  an  enemy  or  ally  of 
enemy  have  any  right  or  remedy  against  the  debtor, 
obligor,  or  other  person  liable  to  pay,  fulfill,  or  perform 
the  same  unless  said  assignment,  indorsement,  or  dehvery 
was  made  prior  to  the  beginning  of  the  war  or  shall  be  made 
under  license  as  herein  provided,  or  unless,  if  made  after 
the  beginning  of  the  war  and  prior  to  the  date  of  passage 
of  this  Act,  the  person  to  whom  the  same  was  made  shall 
prove  lack  of  knowledge  and  of  reasonable  cause  to  believe 

[56] 


< 


on  his  part  that  the  same  was  made  by,  from  or  on  behalf 
of,  or  on  account  of,  or  for  the  benefit  of  an  enemy  or 
ally  of  enemy;  and  any  person  who  knowingly  pays, 
discharges,  or  satisfies  any  such  debt,  note,  bill,  or  other 
obhgation  or  chose  in  action  shall,  on  conviction  thereof, 
be  deemed  to  violate  section  three  hereof:  Provided^ 
That  nothing  in  this  Act  contained  shall  prevent  the 
carrying  out,  completion,  or  performance  of  any  con- 
tract, agreement,  or  obligation  originally  made  with  or 
entered  into  by  an  enemy  or  ally  of  enemy  where,  prior  to 
the  beginning  of  the  war  and  not  in  contemplation  thereof, 
the  interest  of  such  enemy  or  ally  of  enemy  devolved  by 
assignment  or  otherwise  upon  a  person  not  an  enemy  or  ally 
of  enemy,  and  no  enemy  or  ally  of  enemy  will  be  benefited 
by  such  carrying  out,  completion,  or  performance  other- 
wise than  by  release  from  obligation  thereunder. 

Nothing  in  this  Act  shall  be  deemed  to  prevent  pay- 
ment of  money  belonging  or  owing  to  an  enemy  or  ally  of 
enemy  to  a  person  within  the  United  States,  not  an  enemy 
or  ally  of  enemy,  for  the  benefit  of  such  person  or  of  any 
other  person  within  the  United  States,  not  an  enemy  or  ally 
of  enemy,  if  the  funds  so  paid  shall  have  been  received 
prior  to  the  beginning  of  the  war  and  such  payments  arise 
out  of  transactions  entered  into  prior  to  the  beginning  of 
the  war,  and  not  in  contemplation  thereof:  Provided, 
That  such  payment  shall  not  be  made  without  the  license 
of  the  President,  general  or  special,  as  provided  in  this  Act. 

Nothing  in  this  Act  shall  be  deemed  to  authorize  the 
prosecution  of  any  suit  or  action  at  law  or  in  equity  in  any 
court  within  the  United  States  by  an  enemy  or  ally  of 
enemy  prior  to  the  end  of  the  war,  except  as  provided  in 
section  ten  hereof:  Providedy  however,  That  an  enemy  or 
ally  of  enemy  licensed  to  do  business  under  this  Act  may 
prosecute  and  maintain  any  such  suit  or  action  so  far  as  the 
same  arises  solely  out  of  the  business  transacted  within  the 
United  States  under  such  license  and  so  long  as  such  license 
remains  in  full  force  and  effect:  And  provided  further y 
That  an  enemy  or  ally  of  enemy  may  defend  by  eounsel 
any  suit  in  equity  or  action  at  law  which  may  be  brought 
against  him. 

Receipt  of  notice  from  the  President  to  the  effect  that 
he  has  reasonable  ground  to  believe  that  any  person  is  an 
enemy  or  ally  of  enemy  shall  be  prima  facie  defense  to  any 
one  receiving  the  same,  in  any  suit  or  action  at  law  or  in 

[57] 


Payments 
Prior  to  War 


Maintenance 
of  Suit 


Defense  t% 
Suit  by 
Enemy 


Surrender  of 

En^ny 

Property 


Delivery  to 
Custodian 
fulldis- 
chaxge  of 
obligation 


equity  brought  or  maintained,  or  to  any  right  or  set-oflF  or 
recoupment  asserted  by,  such  person  and  based  on  failure 
to  complete  or  perform  since  the  beginning  of  the  war  any 
contract  or  other  obhgation.  In  any  prosecution  under 
^tion  sixteen  hereof ,  proof  of  receipt  of  notice  from  the 
f'resident  to  the  effect  that  he  has  reasonable  cause  to 
beheve  that  any  person  is  an  enemy  or  aUy  of  enemy  shall 
be  pnma  facie  evidence  that  the  person  receiving  such 
notice  has  reasonable  cause  to  beheve  such  other  person 
to  be  an  enemy  or  aUy  of  enemy  within  the  meaning  of 
section  three  hereof. 

(c)  If  the  President  shall  so  require,  any  money  or  other 
IMXjperty  owmg  or  belonging  to  or  held  for,  by,  on  account 
of,  or  on  behalf  of,  or  for  the  benefit  of  an  enemy  or  ally  of 
enemy  not  holdmg  a  Ucense  granted  by  the  President  hwe- 
under,  which  the  President  after  investigation  shall  deter- 
mme  IS  so  owmg  or  so  belongs  or  is  so  held,  shall  be  con- 
veyed, transferred,  assigned,  dehvered,  or  paid  over  to  the 
Ahen  Property  Custodian. 

(d)  If  not  required  to  pay,  convey,  transfer,  assign,  or 
dehver  under  the  provisions  of  subsection  (c)  hereof,  any 
person  not  an  enemy  or  ally  of  enemy  who  owes  to,  or  holds 
for,  or  on  account  of,  or  on  behalf  of,  or  for  the  benefit  of  an 
enemy  or  of  an  ally  of  enemy  not  holding  a  license  granted 
by  the  President  hereunder,  any  money  or  other  property, 
or  to  whom  any  obhgation  or  form  of  liability  to  such 
enemy  or  ally  of  enemy  is  presented  for  payment,  may, 
at  his  option,  with  the  consent  of  the  President,  pay, 
convey,  transfer,  assign,  or  deliver  to  the  Ahen  Property 
Custodian  said  money  or  other  property  under  such  nJes 
and  regulations  as  the  President  shdl  prescribe. 

(e)  No  person  shall  be  held  liable  in  any  court  for  or 
in  respect  to  anything  done  or  omitted  in  pursuance  of  any 
order,  rule,  or  regulation  made  by  the  President  under  the 
authority  of  this  Act. 

Any  payment,  conveyance,  transfer,  assignment,  or 
dehvery  of  money  or  property  made  to  the  Ahen  Property 
Custodian  hereunder  shall  be  a  full  acquittance  and  dis- 
charge for  all  purposes  of  the  obligation  of  the  person 
makuag  the  same  to  the  extent  of  same.  The  Alien  Prop- 
erty Custodian  and  such  other  persons  as  the  President  may 
appomt  shall  have  power  to  execute,  acknowledge,  and 
deliver  any  such  instrument  or  mstruments  as  may  be 
necessary  or  proper  to  evidence  upon  the  record  or  other- 

f  58  ] 


> 


i 


wise  such  acquittance  and  discharge,  and  shall,  m  case  of 
payment  to  the  Alien  Property  Custodian  of  any  debt  or 
obligation  owed  to  an  enemy  or  ally  of  enemy,  dehver  up 
any  notes,  bonds,  or  other  evidences  of  mdebtedness  or 
obligation,  or  any  security  therefor  m  which  such  enemy 
or  ally  of  enemy  had  any  right  or  interest  that  may  have 
come  into  the  possession  of  the  Alien  Property  Custodian, 
with  like  effect  as  if  he  or  they,  respectively,  were 
duly  appointed  bv  the  enemy  or  ally  of  enemy,  creditor,  or 
obligee.  The  President  shall  issue  to  every  person  so 
appointed  a  certificate  of  the  appomtment  and  authonty 
of  such  person,  and  such  certificate  shall  be  received  m 
evidence  in  all  courts  within  the  United  States.  When- 
ever any  such  certificate  of  authority  shall  be  offered  to  any 
registrar,  clerk,  or  other  recording  officer.  Federal  or  other- 
wise, withm  the  United  States,  such  officer  shall  record  the 
same  in  like  manner  as  a  power  of  attorney,  and  such  record 
or  a  duly  certified  copy  thereof  shall  be  received  m  evidence 
in  all  courts  of  the  United  States  or  other  courts  withm  the 
United  States. 

Sec  8  (a)  That  any  person  not  an  enemy  or  ally  of  Enforcement 
enemy  holding  a  lawful  mortgage,  pledge,  or  hen,  or  other  of  Liens 
right  in  the  nature  of  security  in  property  of  an  enemy  or 
ally  of  enemy  which,  by  law  or  by  the  terms  of  the  mstru- 
ment  creating  such  mortgage,  pledge,  or  hen,  or  right,  may 
be  disposed  of  on  notice  or  presentation  or  demand,  and 
any  person  not  an  enemy  or  ally  of  enemy  who  is  a  party 
to  any  lawful  contract  with  an  enemy  or  ally  of  enemy, 
the  terms  of  which  provide  for  a  termmation  thereof  upon 
notice  or  for  acceleration  of  maturity  on  presentation  or 
demand,  may  contmue  to  hold  said  property,  and,  aft^ 
default,  may  dispose  of  the  property  m  accordance  with 
law  or  may  terminate  or  mature  such  contract  by  notice 
or  presentation  or  demand  served  or  made  on  the  Ahen 
Property  Custodian  m  accordance  with  the  law  and  the 
terms  of  such  mstrument  or  contract  and  under  such  rules 
and  regulations  as  the  President  shall  prescribe;  and  such 
notice  and  such  presentation  and  demand  shall  have, 
in  all  respects,  the  same  force  and  effect  as  if  duly  served 
or  made  upon  the  enemy  or  ally  of  enemy  personaUy: 

[59] 


y 


Abrogation 
of  Enemy 
Contracts 


Provided,  That  no  such  rule  or  regulation  shall  require 
that  notice  or  presentation  or  demand  shall  be  served  or 
made  m  any  case  m  which,  by  law  or  by  the  terms  of  said 
instrument  or  contract,  no  notice,  presentation,  or  demand 
was,  pnor  to  the  passage  of  this  Act,  required;  and  that 
m  case  where,  by  law  or  by  the  terms  of  such  instrument 
or  contract,  notice  is  required,  no  longer  period  of  notice 
shall  be  requu-ed :  Promded  further,  That  if,  on  any  such 
disposition  of  property,  a  surplus  shall  remam  after  the 
satisfaction  of  the  mortgage,  pledge,  lien,  or  other  right 
m  the  nature  of  security,  notice  of  that  factshall  be  given 
to  the  President  pursuant  to  such  rules  and  regulations  as 
he  may  prescribe,  and  such  surplus  shall  be  held  subject 
to  his  further  order. 

(b)  That  any  contract  entered  into  prior  to  the  begin- 
mng  of  the  war  between  any  citizen  of  the  United  States 
or  any  corporation  organized  within  the  United  States,  and 
an  enemy  or  aUy  of  an  enemy,  the  terms  of  which  provide 
for  the  dehvery  durmg  or  after  any  war  in  which  a  present 
enemy  or  aUy  of  enemy  nation  has  been  or  is  now  engaged 
?T  .^^?  o*^^  produced,  mined,  or  manufactured  in  the 
United  btates,  may  be  abrogated  by  such  citizen  or  cor- 
poration by  serving  thuly  days'  notice  in  writing  upon  the 
Alien  Property  Custodian  of  his  or  its  election  to  abrogate 
such  contract. 

Suspension  (c)  The  running  of  any  statute  of  limitations  shall  be 

of  J5tatute  of  suspended  with  reference  to  the  rights  or  remedies  on  anv 
Limitauons  contract  or  obligation  entered  into  prior  to  the  beginning 
I  of  the  war  between  parties  neither  of  whom  is  an  enemy  or 

?rl.,9^  enemy,  and  containing  any  promise  to  pay  or 

liabihty  for  payment  which  is  evidenced  by  drafts  or  other 

commercial  paper  drawn  against  or  secured  by  funds  or 

I  other  property  situated  in  an  enemy  or  ally  of  enemy 

country,  and  no  suit  shall  be  maintained  on  any  such 

contract  or  obligation  in  any  court  within  the  United 

t  states  until  after  the  end  of  the  war,  or  until  the  said 

funds  or  property  shall  be  released  for  the  payment  or 
satisfaction  of  such  contract  or  obligation:  Provided 
however,  That  nothing  herein  contained  shall  be  con- 
strued to  prevent  the  suspension  of  the  running  of  the 
statute  of  limitations  in  all  other  cases  where  such  suspen- 
sion would  occur  under  existing  law. 

[60] 


> 


< 


Sec  9.  That  any  person,  not  an  enemy,  or  ally  of  enemy, 
claiming  any  interest,  right,  or  title  in  any  inoney  or 
other  property  which  may  have  been  conveyed,  trans- 
ferred, assigned,  delivered,  or  paid  to  the  Alien  Property 
Custodian  hereunder,  and  held  by  him  or  by  the  Treasurer 
of  the  United  States,  or  to  whom  any  debt  may  be  owmg 
from  an  enemy,  or  ally  of  enemy,  whose  property  or  any 
nart  thereof  shall  have  been  Conveyed,  transferred,  as- 
signed, deUvered,  or  paid  to  the  AUen  Pr^erty  Custodian 
hereunder,  and  held  by  him  or  by  the  Treasurer  of  the 
United  States,  may  file  with  the  said  Custodian  a  notice 
of  his  claim  under  oath  and  in  such  form  and  containing 
such  particulars  as  the  said  Custodian  shall  require;  and 
the  President,  if  appUcation  is  made  therefor  by  the  claim- 
ant  may,  with  the  assent  of  the  owner  of  said  property 
and  of  all  persons  claiming  any  right,  title,  or  interest 
therein,  order  the  payment,  conveyance,  transfer,  assip- 
ment  or  delivery  to  said  claimant  of  the  money  or  other 
property  so  held  by  the  AHen  Property  Custodian  or  by  the 
Treasurer  of  the  United  States  or  of  the  interest  therein 
to  which  the  President  shall  determine  said  claimant 
is  entitled:  Provided,  That  no  such  order  by  the  President 
shall  bar  any  person  from  the  prosecution  of  any  suit 
at  law  or  in  equity  agamst  the  claimant  to  establish 
anv  right,  title  or  interest  which  he  may  have  in  such 
money  or  other  property.    If  the  President  shal   not  so 
order  within  sixty  days  after  the  filing  of  such  application, 
or  if  the  claimant  shall  have  filed  the  notice  as  above 
required  and  shall  have  made  no  application  to  the  1  res- 
ident, said  claimant  may,  at  any  time  before  the  expira- 
tion of  six  months  after  the  end  of  the  war,  institute  a  suit 
in  equity  in  the  district  court  of  the  United  States  for  the 
district  in  -which  such  claimant  resides,  or,  if  a  corpora- 
tion, where  it  has  its  principal  place  of  business  (to  which 
suit  the  Alien  Property  Custodian  or  the  Treasurer  of  the 
United  States,  as  the  case  may  be,  shall  be  made  a  party 
defendant),  to  establish  the  interest,  right,  title,  or  debt 
so  claimed,  and  if  suit  shall  be  so  instituted  then  the  money 
or  other  property  of  the  enemy,  or  ally  of  enemy,  against 
whom  such  interest,  right,  or  title  is  asserted,  or  debt 
claimed,  shall  be  retained  in  the  custody  of  the  Alien 
Property  Custodian,  or  in  the  Treasury  of  the  United  states, 
as  provided  in  this  Act,  and  until  any  final  judgment  or 
decree  which  shall  be  entered  in  favor  of  the  claimant 

[61] 


Claims 
against 
I^perty  De- 
posited with 
Custodian 


Right  to  Sue 
not  Barred 


/ 


* 


Property  not 
Subject  to 
Lien  while 
with 
Castodian 


Enemy  may 
Apply  for 
Letters 
Patents 


U.  S.  Citizen 
may  Apply 
in  Enemy 
Country 


shall  be  fully  satisfied  by  payment  or  conveyance,  trans- 
fer, assignment,  or  delivery  by  the  defendant  or  by  the 
Ahen  Property  Custodian  or  Treasurer  of  the  United  States 
on  order  of  the  court,  or  until  final  judgment  or  decree 
shall  be  entered  against  the  claimant,  or  suit  otherwise 
terminated. 

Except  as  herein  provided,  the  money  or  other  prop- 
erty conveyed,  transferred,  assigned,  delivered,  or  paid  to 
the  Alien  Propertv  Custodian  shall  not  be  liable  to  lien,  at- 
tachment, garnishment,  trustee  process,  or  execution,  or 
subject  to  any  order  or  decree  of  any  court. 

This  section  shall  not  apply,  however,  to  money  paid 
to  the  Ahen  Property  Custodian  under  section  ten  hereof. 

Sec.  10.  That  nothing  contained  in  this  Act  shall  be 
held  to  make  unlawful  any  of  the  following  acts: 

(a)  An  enemy,  or  ally  of  enemy,  may  file  and  prose- 
cute in  the  United  States  an  application  for  letters  patent, 
or  for  registration  of  trademark,  print,  label,  or  copy- 
right, and  may  pay  any  fees  therefor  in  accordance  with 
and  as  required  by  the  provisions  of  existing  law  and  fees 
for  attorneys  or  agents  for  fihng  and  prosecuting  such 
applications.  Any  such  enemy,  or  allv  of  enemy,  who  is 
unable  durmg  war,  or  within  six  months  thereafter,  on 
account  of  conditions  arising  out  of  war,  to  file  any  such 
apphcation,  or  to  pay  any  oflficial  fee,  or  to  take  any  ac- 
tion required  by  law  within  the  period  prescribed  bv  law, 
may  be  granted  an  extension  of  nine  months  beyond  the 
expiration  of  said  period,  provided  the  nation  of  which  the 
said  apphcant  is  a  citizen,  subject,  or  corporation  shall 
extend  substantially  similar  privileges  to  citizens  and 
corporations  of  the  United  States. 

(b)  Any  citizen  of  the  United  States,  or  any  corpora- 
tion organized  within  the  United  States,  may,  when  duly 
authorized  by  the  President,  pay  to  an  enemy  or  ally  of 
enemy  any  tax,  annuity,  or  fee  which  may  be  requu-ed  by 
the  laws  of  such  enemy  or  ally  of  enemy  nation  in  relation 
to  patents  and  trademarks,  prints,  labels,  and  copyrights; 
and  any  such  citizen  or  corporation  may  file  and  prosecute 
an  apphcation  for  letters  patent  or  for  registration  of  trade- 
mark, print,  label,  or  copyright  in  the  country  of  an  enemy, 
or  of  an  ally  of  enemy  after  first  submitting  such  applica- 
tion to  the  President  and  recei\'ing  license  so  to  file  and 
prosecute,  and  to  pay  the  fees  required  by  law  and  cus- 

[62] 


> 


tomary  agents'  fees,  the  maximum  amount  of  which  m 

each  case  shall  be  subject  to  the  control  of  the  President.  _ 

(c)  Any  citizen  of  the  United  States  or  any  corporation   U.  5.  Citizen 
organized  within  the  United  States  desiring  to  manufac-   May  Obuin 
ture   or  cause  to  be  manufactured,  a  machine,  manufac-   Lacense  to 
ture,  composition  of  matter,  or  design,  or  to  carry  on,  or   Use  Enemy 
cause  to  be  carried  on,  a  process  under  any  patent  or  to  use   Patent  ^ 
any  trademark,  print,,  label  or  copyrighted  matter  owned 
or  controlled  by  an  enemy  or  ally  of  enemy  at  any  time 
durmg  the  existence  of  a  state  of  war  may  apply  to  the 
President  for  a  license ;  and  the  President  is  hereby  author- 
ized to  grant  such  a  license,  nonexclusive  or  exclusive  as 
he  shall  deem  best,  provided  he  shall  be  of  the  opmion  that 
such  grant  is  for  the  public  welfare,  and  that  the  applicant 
is  able  and  intends  in  good  faith  to  manufacture,  or  cause 
(        to  be  manufactured,  the  machine,  manufacture,  composi- 
tion of  matter,  or  design,  or  to  carry  on,  or  cause  to  be 
carried  on,  the  process  or  to  use  the  trademark,  print, 
label  or  copyrighted  matter.    The  President  may  prescribe 
the  conditions  of  this  Hcense,  mcluding  the  fixmg  of  prices 
of  articles  and  products  necessary  to  the  health  of  the 
military  and  naval  forces  of   the  United  States  or  the 
successful  prosecution  of  the  war,  and  the  rules  and  regu- 
lations under  which  such  Ucense  may  be  granted  and  the 
fee  which  shall  be  charged  therefor,  not  exceeding  $100,  and 
not  exceeding  one  per  centum   of  the  fund  deposited  as 
hereinafter  provided.    Such  Ucense  shall  be  a  complete 
defense  to  any  suit  at  law  or  in  equity  mstituted  by  the 
enemy  or  ally  of  enemy  owners  of  the  letters  patent,  trade- 
mark, print,  label  or  copyright,  or  otherwise,  against  the 
licensee  for  mfringement  or  for  damages,  royalty,  or  other 
money  award  on  account  of  anythmg  done  by  the  licensee 
under  such  license,  except  as  provided  m  subsection  (t) 
^  hereof. 


(d)  The  Ucensee  shall  file  with  the  President  a  full 
statement  of  the  extent  of  the  use  and  enjoyment  ot  the 
license,  and  of  the  prices  received  in  such  form  and  at 
such  stated  periods  (at  least  annually)  as  the  President 
may  prescribe;  and  the  licensee  shall  pay  at  such  times  as 
may  be  required  to  the  Alien  Property  Custodian  not  to 
exceed  five  per  centum  of  the  gross  sums  received  by  the 
Ucensee  from  the  sale  of  said  inventions  or  use  ot  the 
trademark,  print,  label  or  copyrighted  matter,  or,  it 
the  President  shaU  so  order,  five  per  centum  of  the  value 

[63] 


Statement  of 
Use  and  En- 
joyment of 
Patent 


Compensa- 
tion for  Use 


Term  of 
License 


Enemy 
Owner 
May  Sue  for 
Accounting 


All  Defences 
Available 


of  the  use  of  such  inventions,  trademarks,  prints,  labels 
or  copyrighted  matter  to  the  hcensee  as  established  by  the 
president;  and  sums  so  paid  shaU  be  deposited  by  said 
Alien  Property  Custodian  forthwith  in  the  Treasury  of 
the  United  States  as  a  trust  fund  for  the  said  licensee  and 
for  the  owner  of  the  said  patent,  trademark,  print,  label 
or  copyright  registration  as  hereinafter  provided,  to 
be  paid  from  the  Treasury  upon  order  of  the  court,  as  pro- 
vided in  subdivision  (f)  of  this  section,  or  tpon  the  direc- 
tion of  the  Ahen  Property  Custodian. 

(e)  Unless  surrendered  or  terminated  as  provided  in 
this  Act,  any  hcense  granted  hereunder  shall  continue  dur- 
ing the  term  fixed  in  the  hcense  or  in  the  absence  of  any 
such  hmitation  during  the  term  of  the  patent,  trademark 
print,  label,  or  copyright  registration  under  which  it  is 
granted.  Upon  violation  by  the  licensee  of  any  of  the  pro- 
visions of  this  Act,  or  of  the  conditions  of  the  hcense,  the 
President  may  after  due  notice  and  hearing,  cancel  anv 
license  granted  by  him.  "^ 

(f)  The  owner  of  any  patent,  trademark,  print,  label, 
or  copyright  under  which  a  license  is  granted  hereunder 
may,  after  the  end  of  the  war  aod  UDtil  the  expiration  of 
one  year  thereafter,  file  a  bill  in  equity  against  the  hcensee 
in  the  district  court  of  the  United  States  for  the  district 
in  which  the  said  licensee  resides,  or,  if  a  corporation,  in 
which  It  has  its  principal  place  of  business  (to  which  suit 
the  Treasurer  of  the  United  States  shall  be  made  a  party) 
for  recovery  from  the  said  hcensee  for  all  use  and  enjoy- 
ment of  the  said  patented  invention,  trademark,  print 
label,    or    copyrighted    matter:    Provided,  however,   That 
whenever  smt  IS  brought,  as  above,  notice  shaU  be  filed 
with  the  Alien  Property  Custodian  within  thirty  days  after 
date  of  entry  of  suit:    Provided  further,  That  the  licensee 
may  make  any  and  all  defenses  which  would  be  available 
were  no  license  granted.     The  court  on  due  proceedings 
had  may  adjudge  and  decree  to  the  said  owner  payment 
of  a  reasonable  royalty.    The  amount  of  said  judgment 
and  decree,  when  final,  shaU  be  paid  on  order  of  the  court 
to  the  owner  of  the  patent  from  the  fund  deposited  by  the 
licensee,  so  far  as  such  deposit  will  satisfy  said  judgment 
and  decree;  and  the  said  payment  shall  be  in  full  or  par- 
tial satisfaction  of  said  judgment  and  decree,  as  the  facts 
mar  appear;  and  if,  after  payment  of  all  such  judgments 
and  decrees,  there  shall  remain  any  balance  of  said  deposit, 

[64] 


) 


\ 


such  balance  shall  be  repaid  to  the  licensee  on  order  of  the 
AUen  Property  Custodian.  If  no  suit  is  brought  within 
one  year  after  the  end  of  the  war,  or  no  notice  is  filed  as 
above  required,  then  the  licensee  shall  not  be  liable  to  make 
any  further  deposits,  and  all  funds  deposited  bj*"  him  shall 
be  repaid  to  him  on  order  of  the  Alien  Property  Custodian. 
Upon  entry  of  suit  and  notice  filed  as  above  required,  or 
upon  repayment  of  funds  as  above  provided,  the  liability 
of  the  licensee  to  make  further  reports  to  the  President 
shall  cease. 

If  suit  is  brought  as  above  provided,  the  court  may,  at 
any  time,  terminate  the  license,  and  may,  in  such  event, 
issue  an  injunction  to  restrain  the  licensee  from  infringe- 
ment thereafter,  or  the  court,  in  case  the  licensee,  prior 
to  suit,  shall  have  made  investment  of  capital  based  on 
possession  of  the  license,  may  continue  the  license  for  such 
period  and  upon  such  terms  and  with  such  royalties  as  it 
shall  find  to  be  just  and  reasonable. 

(g)  Any  enemy,  or  ally  of  enemy,  may  institute  and 
prosecute  suits  in  equity  against  any  person  other  than  a 
Hcensee  under  this  Act  to  enjoin  infringement  of  letters 
patent,  trademark,  print,  label,  and  copyrights  in  the 
United  States  owned  or  controlled  by  said  enemy  or  ally 
of  enemy,  in  the  same  manner  and  to  the  extent  that  he 
would  be  entitled  so  to  do  if  the  United  States  was  not  at 
war:  Provided,  That  no  final  judgment  or  decree  shall  be 
entered  in  favor  of  such  enemy  or  ally  of  enemy  by  any 
court  except  after  thirty  days'  notice  to  the  Alien  Property 
Custodian,  such  notice  shall  be  in  writing  and  shall  be 
served  in  the  same  manner  as  civil  process  of  Federal  courts. 

(h)  All  powers  of  attorney  heretofore  or  hereafter 
granted  by  an  enemy  or  ally  of  enemy  to  any  person 
within  the -United  States,  in  so  far  as  they  may  be 
requisite  to  the  performance  of  acts  authorized  in  sub- 
sections (a)  and  (g)  of  this  section,  shall  be  valid. 

(i)  Whenever  the  pubhcation  of  an  invention  by  the 
granting  of  a  patent  may,  in  the  opinion  of  the  President,  be 
detrimental  to  the  public  safety  or  defense,  or  may  assist 
the  enemy  or  endanger  the  successful  prosecution  of  the 
war,  he  may  order  that  the  invention  be  kept  secret  and 
withhold  the  grant  of  a  patent  until  the  end  of  the  war: 
Provided,  That  the  invention  disclosed  in  the  application 
for  said  patent  may  be  held  abandoned  upon  it  being  estab- 
hshed  before  or  by  the  Commissioner  of  Patents  that,  in 

[65] 


Return  of 
Deposit  to 
Licensee  if 
no  Suit  is 
Instituted 


Practice  on 
Hearing 


Enemy  May 
Enjoin  In- 
fringement 
of  Patent 


Powers  of 

Attorney 

Valid 


Patents  on 
Inventions  of 
Detrimental 
Consequence 
May  be 
Withheld 


I 


> 


I 


! 


Suit  for 
Compensa- 
tion in  Court 
of  Claims 

May 

Prohibit 

Imports 


Investment 
of  Funds  in 
Government 
Bonds 


Banks  May 
Act  as 
Depositaries 
for  Custo- 
dian; also 
Secretary  of 
Treasury 


violation  of  said  order,  said  invention  has  been  published 
or  that  an  application  for  a  patent  therefor  has  been  filed 
in  any  other  country,  by  the  inventor  or  his  assigns  or 
legal  representatives,  without  the  consent  or  approval 
of  the  commissioner  or  under  a  license  of  the  President. 
When  an  applicant  whose  patent  is  withheld  as  herein 
provided  and  who  faithfully  obeys  the  order  of  the 
President  above  referred  to  shall  tender  his  invention 
to  the  Government  of  the  United  States  for  its  use, 
he  shall,  if  he  ultimately  receives  a  patent,  have  the  right 
to  sue  for  compensation  in  the  Court  of  Claims,  such  right 
to  compensation  to  begin  from  the  date  of  the  use  of  the 
invention  by  the  Government. 

Sec.  11.  Whenever  during  the  present  war  the  Presi- 
dent shall  find  that  the  pubUc  safety  so  requires  and 
shall  make  proclamation  thereof  it  shall  be  unlawful  to 
import  into  the  United  States  from  any  country  named  in 
such  proclamation  any  article  or  articles  mentioned  in 
such  proclamation  except  as  such  time  or  times,  and  under 
such  regulations  or  orders,  and  subject  to  such  hmita- 
tions  and  exceptions  as  the  President  shall  prescribe, 
until  otherwise  ordered  by  the  President  or  by  Congress: 
Provided,  however,  That  no  preference  shall  be  given  to 
the  ports  of  one  State  over  those  of  another. 

Sec.  12.  That  all  moneys  (including  checks  and  drafts 
payable  on  demand)  paid  to  or  received  by  the  Ahen 
Property  Custodian  pursuant  to  this  Act  shall  be  deposited 
forthwith  in  the  Treasury  of  the  United  States,  and  may  be 
invested  and  reinvested  by  the  Secretary  of  the  Treasury 
in  United  States  bonds  or  United  States  certificates  of 
indebtedness,  imder  such  rules  and  regulations  as  the 
President  shall  prescribe  for  such  deposit,  investment, 
and  sale  of  securities;  and  as  soon  after  the  end  of  the  war 
as  the  President  shall  deem  practicable,  such  securities 
shall  be  sold  and  the  proceeds  deposited  in  the  Treasury. 

All  other  property  of  an  enemy,  or  ally  of  enemy,  con- 
veyed, transferred,  assigned,  dehvered,  or  paid  to  the  Ahen 
Property  Custodian  hereunder  shall  be  safely  held  and 
administered  by  him  except  as  hereinafter  provided;  and 
the  President  is  authorized  to  designate  as  a  depositary,  or 
depositaries,  of  property  of  an  enemy  or  ally  of  enemy, 
any  bank,  or  banks,  or  trust  company,  or  trust 
companies,  or  other  suitable  depositary  or  depositaries, 
located  and  doing    business  in  the  United  States.     The 

[66] 


( 


Alien  Property  Custodian  may  deposit  with  such  desig- 
nated depositary  or  depositaries,  or  with  the  Secreta^  ot 
the  Treasury,  any  stocks,  bonds,  notes,  time  drafts,  time 
bills  of  exchange,  or  other  securities,  or  property  (except 
money  or  checks  or  drafts  payable  on  demand  which  are 
required  to  be  deposited  with  the  Secretary  of  the  Treas- 
ury) and  such  depositary  or  depositanes  shall  be  author- 
ized  and  empowered  to  collect  any  dividends  or  mterest 
or  income  that  may  become  due  and  any  maturmg  obli- 
gations held  for  the  account  of  such  Custodian.  Any 
moneys  collected  on  said  account  shaU  be  paid  and  de- 
posited forthwith  by  said  depositary  or  by  the  Ahen 
Property  Custodian  into  the  Treasury  of  the  Umted  States 
as  hereinbefore  provided. 

The  President  shall  require  all  such  designated  depos- 
itaries to  execute  and  file  bonds  sufficient  m  his  judgment 
to  protect  property  on  deposit,  such  bonds  to  be  condi- 
tioned as  he  may  direct. 

The  Alien  Property  Custodian  shall  he  vested  with  all  of 
the  powers  of  a  common-law  trustee  in  respect  of  all  property, 
other  than  money,  which  has  been  or  shall  he,  or  which  hxis 
been  or  shall  he  required  to  he,  conveyed,  transferred,  assigned, 
delivered,  or  paid  over  to  him  in  pursuance  of  the  provisions 
of  this  Act,  and,  in  addition  thereto,  acting  under  the  super- 
vision and  direction  of  the  President,  and  under  such  rules 
and  regulations  as  the  President  shall  prescnhe,  shall  have 
power  to  manage  such  property  and  do  any  act  or  things  m 
respect  thereof  or  make  any  disposition  thereof  or  of  any 
part  thereof,    hy  sale  or  otherwise,  and  exercise  any  rights 
or  powers  which  may  he  or  become  appurtenant  thereto  or 
to  the  ownership  thereof  in  like  manner  as  though  he  were 
the  absolute  owner  thereof:    PROVIDED,  Thut  any  prop- 
erty sold  under  this  Act,  except  when  sold  to  the  United 
States,  shall  he  sold  only  to  American  citizens,  at  public  sate 
to  the  highest  bidder,  after  public  advertisement  of  time  and 
place  of  sale  which  shall  be  where  the  property  or  a  major 
portion  thereof  is  situated,  unless  the  President  stating  the 
reasons  therefor,  in  the  public  interest  shall  otherwise  deter- 
mine:  PROVIDED  FURTHER,  That  when  sold  at  public 
sale,  the  Alien  Property  Custodian  upon  the  order  of  ttw 
President  stating  the  reasons  therefor,  shall  have  the  right 
to  reject  all  Uds  and  resell  such  property  at  public  sale  or 
otherwise  as  the  President  may  direct     Any  person  purchas- 
ing property  from  the  Alien  Property  Custodian  for  an  un- 

[67] 


Bonds 

Necessary 


Powers  of 
Alien 
Property 
Custodian 


I 


/ 


r 


Delivery  to 
United  States 
Treasurer 


Distribution 
of  Alien 
Property- 
Held  by 
Custodian 


T^^ir'^T^h  '^/<»-/«-s«fe  to  a  person  not  a  citizen 
t  the  UnUed  States,  or  for  the  benefit  of  a  person  not  a 

fr!rJJ^.  ^""^  5tate^  «Aa«  be  guilty  if  a  misZi^l^, 
th^n  xfZ^"^^^'  -^  ^,^ybjecl  t^  a  fine  of  not  more 
T'hZi  '  ^'  ^  ^"»P™««'^<  Sor  not  more  than  ten  years, 
%J^l'  ?/  I.  ^J'?^^  ^^^  ^  forfeited  to  the  United 
„w  J-  ^'^^  Hr^^  ^"i^  ''f  ^^  corporation  incorpora- 
aied  mthm  the   United  States  and  ev^y  urvincorpoM 

United  btaies  issuing  shares  or  certificates  representing  bene- 

f/^i^*"  ^^'  '"*"  *^  '^r  oftheAlienPropertyCMian 
^IZfTT^'  "'^'^Van^hy  the  presentation  of  the  certifi- 
cotes  which  represent  swh  shares  or  beneficial  interests.   The 

^ryofthe  United  States,  as  hereinbefore  protnded,  the  pro- 
ceeds of  any  such  property  or  rights  so  sold  by  him  * 

Any  money  or  property  required  or  authorized  bv  the 
proviaions  of  this  Act  to  be  paid,  conveyed,  transferred 

tf3  r;.^f Jl'^'^T'^.^  *?-«^%  Property  CiistodLnsS; 
If  said  Custodian  shaU  so  direct  by  written  order,  be  paid 

Z7T?h  *?M'!Jl'  f  ^'S^.^^'  °'-  delivered  to  he  fil 
ML'^'pZnTcJmSn^'''  the  same  effect  as  if  to  the 

nf^^^l^®  J"^  °^  ^^^  ^^''  ^°y  claim  of  any  enemy  or 
ot  an  aUy  of  enemy  to  any  money  or  other  Dronertv 
received  and  he  d  by  the  Ahen  Property  Custodian  o?E 

F-nn^ctif  ^^l^J^^f  ^^^^  Treasury,  shall  be  settled  L 
Conpe^  shaU  du-ect:  Promded,  however,  That  on  order 
of  the  Pr^ident  as  set  forth  in  section  nine  hereof,  or 
of  the  court,  as  set  forth  in  sections  nine  and  ten  hereof,  the 
Ahen  Property  Custodian  or  the  Treasurer  of  the  United 
btates,  as  the  case  may  be,  shall  forthwith  convey,  trans- 

Ifpif?^^'/""^  P*^  *°  ^^^  Pl"^""  *o  ^liom  the  PrWident 
shall  so  order   or  m  whose  behalf  the  court  shaU  enter 

nf  li"^'l!^?i  u""  ^^'^'T^'  ^°y  property  of  an  enemy  or  aUy 
of  enemy  held  by  said  custodian  or  by  said  Treasurer,  so 

PWl^F  ^  ^^^^^^.  to  comply  with  said  order  of  the 
Pr^ident  or  said  final  judgment  or  decree  of  the  court- 
And  provided  furtfwr   That  the  Treasurer  of  the  UnS 

Sr«!^^' ^°  °^'^®!°^  the  Alien  Property  Custodian  shaU,  as 
?u?.l^^f  m.f  ction  ten  hereof,  repay  to  the  licensee  any 
funds  deposited  by  said  Hcensee.  ««  auy 

•Amendment  by  Act  of  March  28,  19Z8. 

[68] 


> 


V 


Sec.  13.    That,  during  the  present  war,  in  addition  to 
the  facts  required  by  sections  forty-one  hundred  and 
ninety-seven,  forty-one  hundred  and  mnety-eight,  and 
FoSwo  hundred  of  the  Revised  Statutes,  as  amended 
by  tie  Act  of  June  fifteenth,  nineteen  hundred  and  seven- 
teen, to  be  set  out  in  the  master's  and  flipper's  mwirfests 
before  clearance  will  be  issued  to  vesse  s  bound  to  foreign 
ports,  the  master  or  person  m  charge  of  any  vessel,  before 
aeparture  of  such  vessel  from  port,  shall  debver  to  the 
collector  of  customs  of  the  district  wherem  such  vessel  is 
located  a  statement  duly  verified  by  path  that  the  c^go 
is  not  shipped  or  to  be  delivered  in  violation  of  this  Act, 
and  the  owners,  shippers,  or  consignors  of  the  cargo  of 
such  vessels  shall  in  like  manner  deliver  to  the  collector 
like  statement  under  oath  as  to  the  cargo  or  the  parts 
thereof  laden  or  shipped  by  them,  respectively,  which 
statement  shall  contain  also  the  names  and  addresses  of 
the  actual  consignees  of  the  cargo,  or  if  the  shipment  is 
made  to  a  bank  or  other  broker,  factor,  or  agent,  the  names 
and  addresses  of  the  persons  who  are  the  actual  consignees 
on  whose  account  the  shipment  is  made.    The  master  or 
person  in  control  of  the  vessel  shall,  on  reachmg  port  of 
destination  of  any  of  the  cai^o,  deliver  a  copy  of  the 
Sest    and  of  the  said  master's, . owner's,  shippers 
or  consignor's  statement  to  the  American  consular  officer 
of  the  district  m  which  the  cargo  is  unladen. 

Sec.  14.    That,  during  the  present  war,  whenever  there 
is  reasonable  cause  to  believe  that  the  manifest  or  the  addi- 
tional statements  under  oath  required  by  the  preceduig 
section  are  false  or  that  any  vessel,  domestic  or  forei^,  is 
about  to  carry  out  of  the  United  States  any  property  to  or 
for  the  account  or  benefit  of  an  enemy,  or  ally  of  enemy, 
or  anv  property  or  person  whose  export,  takmg  out,  or 
LSort  ^1  be  in  Eolation  pf  this  Act,  the  collector  of 
customs  for  the  district  in  which  such  vessel  is  located  is 
hereby  authorized  and  empowered   subject  to  review  by 
the  President    to  refuse  clearance  to  any  such  vessel, 
domestic  or  foreign,  for  which  clearance  is  reqmred  by 
law,  and  by  formal  notice  served  upon  the  owners,  master, 
or  person  or  persons  in  command  or  charge  of  any  domestic 
vessel  for  which  clearance  is  not  required  by  law,  to  forbid 
the  departure  of  such  vessel  from  the  port,  and  it  shall 
thereupon  be  unlawful  for  such  vessel  to  depart.     Ihe 
collector  of  customs  shall,  durmg  the  present  war,  in  each 

[69] 


ShipMasten 
Certificates 
as  to  Cargo 
and  Con- 
signee 


I 


4 


Collector 
May  Refuse 
Qearance 
for  False 
Representa- 
tion 


Appropria- 
tion 
$450,000 


Penalty  for 
Violation 


United  States 

District 

Courts 


case  report  to  the  President  the  amount  of  gold  or  silver 

taWd'  in"""""  °'  °*'^"?  '^^^^y^  «^  tt»e  UiSted  States  con- 
tained in  any  cargo  intended  for  export.  Such  reoort 
shall  include  the  names  and  addresses  of  the  conSoS 
and  consignees,  together  with  any  facts  Sown  to  X 

tCj1^iM^t''^^-T\'^T^  ^'^'P'^^^t  and  pl^iculily 
those  which  may  mdicate  that  such  gold  or  silver  coiTor 

bulhoD  or  moneys  of  the  United  States  may  blfntrded 
for  delivery  or  may  be  delivered,  directly  or  indSv 
to  an  enemy  or  an  ally  of  enemy.  "luirecuy, 

«t£f^"  ^f ■  P^*  ^^^  ^"™  o^  $450,000  is  hereby  approDri- 

states  not  otherwise  appropriated,  to  be  used  in  the 
discretion  of  the  President  fo?  the  pirp^se  of  Syig  oSt 

JuneThJ^ir  °^'^^  ^'t  during  thT  fiscal  y^n^diag 
June  thirtieth,  mneteen  hundred  and  eighteen    and  for 

ic7Shert?h^r  "'  ^"  P«^«"«  empK'lin^Sthi: 
tion    «nhi;=/      *  *^^.  necessary  expenses  for  transporta- 
CofumS     &^'  ■"T*^'."^  ^"^'■t^^  ^  tte  District  of 
Krr.^-.  '    ^^   ?^   reference,    periodicals,    stationery 
typewriters  and  exchanges  thereof,  miscellanwussupS 

HiT  l^  ^  **°°"  ^*  ^^^  Government  ftinUnrOffid' 
and  all  other  necessary  expenses  not  included  in  the  fort 

Sec.  16.  That  whoever  shall  willfully  violate  anv  of  thp 
provisions  of  this  Act  or  of  any  licensef  niK  reeuktion 
issued  thereunder,  and  whoever  shall  w?UfuU?^vSate 
neglect,  or  refuse  to  comply  with  any  order  of  the  Prest 
dent  issued  in  compliance  with  the  provisions  of  this  Act 
shall    upon  conviction,  be  fined  not  more  th^  $10  m 

years,  or  both,  and  the  oflScer.  director,  or  agent  of  anv 

^foTC^rK.'^^^  ^''T^^y  participate  in  S  viok^ 
tion  shaU  be  punished  by  a  like  fi^e,  imprisonment  or 
both  and  any  property,  funds,  securities,  pape^^r  other 
articles  or  documents,  or  any  vessel,  togetW  \dth  her 
tackle,  apparel  furniture,  and  equipment,  conc^ed^ 
such  violation  shall  be  forfeited  to  the  United  StX 

aEC.  17.  Ihat  the  district  courts  of  the  United  States 
are  hereby  given  jurisdiction  to  make  and  enter  all  such 
ndes  as  to  notice  and  otherwise,  and  all  such  oSers  and  dS 

SrTn  ft'^"'  '"'^  f'^^'T  ^'  ™^y  be  necessary  and 
proper  in  the  premises  to  enforce  the  provisions  of  thk 
Act,  with  a  right  of  appeal  from  the  finTl  order  or  decree 

[70] 


s 


yf 


of  such  court  as  provided  in  sections  one  hundred  and 
twenty-eight  and  two  hundred  and  thirty-eight  of  the  Act 
of  March  third,  nineteen  hundred  and  eleven,  entitled 
*  *An  Act  to  codify,  revise,  and  amend  the  laws  relating 
to  the  judiciary." 

Sec.  18.  That  the  several  courts  of  first  instance  in 
the  Philippine  Islands  and  the  district  court  of  the  Canal 
Zone  shall  have  jurisdiction  of  offenses  under  this  Act 
committed  within  their  respective  districts,  and  concur- 
rent jurisdiction  with  the  district  courts  of  the  United 
States  of  offenses  under  this  Act  committed  upon  the  high 
seas  and  of  conspiracies  to  commit  such  offerees  as  de- 
fined by  section  thirty-seven  of  the  Act  entitled  An  Act 
to  codify,  revise,  and  amend  the  penal  laws  of  the  Umted 
States,"  approved  March  fourth,  nineteen  hundred  and 
rine,  and  the  provisions  of  such  section  for  the  purpose 
of  this  Act  are  hereby  extended  to  the  Philippme  Islands 
and  to  the  Canal  Zone. 

Sec.  19.    That  ten  days  after  the  approval  of  this  Act  and 
until  the  end  of  the  war,  it  shall  be  unlawful  for  any 
person,    firm,    corporation,    or    association,    to    print, 
publish,  or  circulate,  or  cause  to  be  printed,  published,  or 
cu-culated  in  any  foreign  language,  any  news  item,  edi- 
torial or  other  prmted  matter,  respectmg  the  Government  ol 
the  United  States,  or  of  any  nation  engaged  m  the  present 
war,  its  poUcies,  international  relations,  the  state  or  con- 
duct of  the  war,  or  any  matter  relatmg  thereto:  Provided, 
That  this  section  shall  not  apply  to  any  print,  newspaper 
or  publication  where  the  publisher  or  distributor  thereof, 
OD  or  before  offermg  the  same  for  mailing,  or  in  any  man- 
ner distributmg  it  to  the  pubUc,  has  filed  with  the  po^- 
master  at  the  place  of  publication,  m  the  form  of  an  ath- 
davit,  a  true  and  complete  translation  of  the  entire  article 
containing  such  matter  proposed  to  be  published  m  such 
print,  newspaper,  or  publication,  and  has  caused  to  be 
printed,  in  plam  type  in  the  English  language,  at  the  head 
of  each  such  item,  editorial,  or  other  matter,  on  each  copy 
of  such  print,  newspaper,  or  publication,  the  words     1  rue 
translation  filed  with  the  postmaster  at  on 

(naming  the  postomce  where 

the  translation  was  filed,  and  the  date  of  filing  thereof),  as 
required  by  the  Act  of  (iiere  givmg  the 

date  of  this  Act)." 

[71] 


Philippines 

and 

Canal  Zone 


Publications 
in  Foreign 
Language 


^% 


Penalty 


^ut^Ith^l  newspaper,  or  publication  in  any  foreign  Ian- 
b    a    W^^  f™*'  °«^Paper,  or  publication,  printed ' 

the  prmt  Bswrnaper,  or  publicaUoS.jSnted  the  ~mK 

i^K,.f.j'^'^  language,  the  words,  "Published  and  dk 
tnbuted  under  permit  authorized  by  the  Act  of 

postoffice  of    ^  '''  ^^«  ^**"  °^  *^^^  ^<^9'.^?  file  at  the 
office)."  (giving  name  of 

Any  person  who  shall  make  an  affidavit  containing  »nv 

revise  and  amend  the  SlTaW  th^Vnld's?^^'^ 

thereof,  be  pulushed  by  a  fine  of  not  ^^^^^^ 

by  imprisonment  of  not  more  than  one  year   or   m 

discretion  of  the  court,  may  be  both  fined  S  imKned 

[72] 


Index 


Ally  of  Enemy 
Defined.  11 

Doing  Business  Here,  14 
License,  15 
Suspension  of  Act   and,  16 

Alien  Property  O  .  jtodian 
Appointment,  21 
Method  of  Procedure.  21 
Sales  of  property  by,  23 
Powers,  21 

Pre-War  Contracts  and,  27 
{  Rights,  22 

Banks 

Defined.  13 

Deposits  by  Custodian,  22 

Beginning  op  War 
See  Definitions,  12 

Bullion 

Exports  of,  15,  31 

Change  op  Name 
Enemy  Prohibited,  14 

Claims 

Settlement  of,  30 

Coin 

Exports  of  Gold,  15,  32 

Collectors  op  Customs 
Authority  Under  Act,  31 
-  Clearances,  32 

^  Coin  Exports,  15.  32 

Citizens  op  United  States 
Rights  to  Enemy  Patents,  etc. 
33 

Contracts  Prior  to  War 
See    Alien    Property    Custo- 
dian, 27 

Copyrights 

See  Letters   Patent.   32,   33. 
34,  35,  36,  37 


Corporations 

Must  Furnish  List  of  Alien 
Directors.  Officers  or  Stock- 
holders to  Custodian,  with 
Holdings,  24 

Definitions 

Ally  of  Enemy.  11 
Bank.  13 

Beginning  of  War,  12 
End  of  War.  12 
Enemy.  11 
Person.  12 
To  Trade,  12 
United  States.  12 

Doing  Business  Here 
Enemy  or  Ally  of  Enemy.  14. 
16 
Directors,  Enemy  or  Ally 
OF  Enemy 
Listed  With  Custodian.  24 

End  op  War 

See  Definitions,  12 

Enemy 

Contracts,  18 

Defined,  11 

Doing  Business  Here,  14.  16 

Enforcement    of    Contracts, 

26,  27,  28 
License,  15 

Not  to  Export  Funds,  18 
Property  of,  21 
Right  to  Sue  or  Defend.  29 

Foreign  Language 
War  Comment  in,  37 

Gold  Coin  or  Bullion 
Exports  of.  15.  32 

Government  Bonds 
AUen  Property  and,  21 


[73] 


¥ 


h 


11CPOBT0 

May  be  Prohibited,  38 

Inburance  Companies  (Enemy) 
Licenses.  16,  17,  18 
Policyholders'  Payments,  18, 

19 
Reinsurance,  16,  17 
See  Marine,  18 
See  War-Risk.  18 

Inventions 
If  Injurious  May  be  Withheld, 
35 

Letters  Patent  (Tsademabkb 

and  coptbights) 
Applications  for.  32 
License  May  be  Obtained,  33 
Power  of  Attorney,  35 
Remedies  of  Enemy  Owner, 

36 
Sought  Here  by  Enemy  or 

Ally.  32 
Sought   in   Enemy    Country 

by  U.  S.  Citizen.  33 
Use  of  Enemy  Patent.  33 

License 
Authority  to  Grant,  16 
General,  15 

In  Letters  Patents,  etc.,  16 
In  Pre-War  Payments,  20 
Insurance  Companies,  18 
Renewal  of,  15 
Restricted.  18 
Revocation  of,  15 
Special,  15 
Temporary,  15 
To  Change  Name,  14 
To  Trade  With  Enemy.  15 
To     Transmit     Communica- 
tions, 14 
To  Transport  Enemy,  13 


Marine  Insurance 
Not  to  Be  Licensed,  18 


Mortgage 
26 

Notice 

Contracts,  27 

From  President  as  to  Enemy, 

29 
Required  in  Coin  Exports.  32 
Required  in  Licenses,  19 
To  Custodian.  27 

Officers,  Enemy  or  Allt  of 
Enemy  (Corp.) 
Listed  With  Custodian,  24 

Person 
See  Definitions.  12 

Powers  of  Attorney 
35 

Proclamation 
President  May  Issue.  37 

Prohibitions 
Change  of  Name.  14 
Communication  With  Enemy. 

14 
Doing  Business  in  U.  S.,  14 
Publication.  War  Comments. 

37 
Trading  With  Enemy,  13 
Transportation  of  Enemy.  13 

Property 

Disclosure  of,  25 
Enforcement  of  Rights.   26, 

27.  28,  29,  30.  31 
Sales  of.  23 
Transfer  to  Custodian,  21 

Reinsurance  Companies 
See  Insurance  Companies.  18 

Statute  of  Limitation 
Suspended.  30 

Stock 
Enemy  Holdings  of.  24 
Listed  With  President.  24,  25 


Stockholders,  Enemy  or  Ally 
OF  Enemy 
listed  With  Custodian.  24 

Suspension  of  Act 
Ally  of  Enemy.  37 

To  Tbade 

See  Definitions.  12 

Trademarks 
See  Letters  Patent,  32 

United  States 
See  Definitions,  12 


) 


i 


United  States  District  Coubt 
Jurisdiction.  39 

Violations  of  Act 

Penalties,  39 
Void  Transactions 

Effect  of  Act  on,  19 

War  Comment 

Prohibited  in  Foreign   Lan- 
guage. 37 
War-Risk  Insurance 

Not  to  Be  Licensed.  18 

Penalties.  39 


[74] 


175] 


Guaranty  Trust  Company  of  New  York 
Functions  and  Facilities 


yj 


Guaranty  Trust  Company 
of  New  York 

Invites  accounts  of  banks  and  bankers, 
firms,  corporations,  and  individuals 


General 
Banking 
Department 


Department  of 
Banks  and 
Bankers 


foreign 
Department 


Bond 
Department 


Trust 
Department 


Functions  and  Facilities 

Transacts  the  banking  business  of  the 
company;  extends  credit;  pays  interest  on 
daily  balances,  and  on  certificates  of  deposit. 

Centralizes  the  Company's  various  facilities 
for  the  advancement  of  its  correspondents' 
interests,  and  promotes  the  efficient  hand- 
ling of  their  business. 

Undertakes  all  kinds  of  foreign  banking 
transactions.  Has  direct  relations  with 
leading  banks  in  all  parts  of  the  world. 
Accepts  drafts  for  the  purpose  of  financing 
shipments  to  or  from  the  United  States! 
Issues  letters  of  credit  and  travelers'  checks. 
Deals  in  acceptances. 

Investigates,  examines,  and  underwrites 
bond  issues;  gives  information  to  customers 
regarding  their  investments;  buys  and  seUs 
securities. 

Acts  as  trustee  under  corporate  mortgages. 
Acts  as  executor,  administrator,  administra- 
tor with  the  will  annexed,  testamentary 
trustee,  guardian  of  estates  of  infants,  com- 
mittee of  property  of  incompetents,  trustee 
under  voluntary  trusts. 

[78] 


Transfer, 
Registration 
and  Coupon 
Departmente 


\     m     L  Publicity 
f      ■     r  Department 


4 


\. 


Acts  as  depositary  and  agent  of  voting  tms- 

t«s;  holds  securities  or  cash  under  escrow 

agreements. 

Acts  as  custodian  of  securities  and  financial 
agent  for  individuals  and  corporations. 
Acts  as  depositary  for  corporations  organi- 
zing, reorganizing,  or  estabhshed. 
Act  as  transfer,  fiscal,  and  disbursing  agent; 
registrar,  and  co-registrar. 

Prenares  for  the  benefit  of  customers  and 
S  digests  of  State  and  Federal  kws 
relating  to  taxation,  governmental  jeqmre- 
m^S  etc.;  issues  pamphlets  pn  financial 
and  economic  subjects  of  timely  interest  and 
furnishes  information  on  business  questions. 

Organized  to  furnish  accurate  and  up-to- 
date  information  in  regard  to  securities  and 
investment  conditions. 

Furnishes  information  in  regard  to  the 
financial  responsibiUty  of  individuals  and 
business  houses  throughout  the  world. 

Through  our  membership  in  the  Federal 
Eve  System  we  are  enabled  to  give  our 
Smers  the  benefit  of  its  credit  facilities 
and  rediscount  and  coUection  privileges. 

This  company  maintains  fully  equipped 
offices  in  London  and  Pans.  It  has  resi- 
d^frepresentatives  and  travelers  m  many 
Strips  abroad,  affording  to  importers  and 
exporters  complete  facilities  for  extending 
their  international  trade. 

Full  details  of  the  faciUties  offered  by  any  or  all  of  the 

departments  will  be  sent  on  request. 

1  79  1 


Statistical 
Department 


Credit 
Department 


Member 
Federal  Reserve 
System 


Foreign 
Offices 


I 


r 


A 


I 


lil 


^ 


X)^^^^ 


Guaranty  trust  con^jany  of  New  York 
Trading  with  the  enemy 


COUUMBjA. 


^ 


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